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(영문) 대법원 2020.12.30 2020도12312

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds stated in its reasoning, the lower court acquitted the Defendant on the grounds that there was insufficient proof of the prosecutor’s intent on the part of the instant facts charged, which violated the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) on September 12, 2018.

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the standard of determining the performance and intent of the crime of violating the Act on Promotion of Information and Communications

2. On the grounds indicated in its reasoning, the lower court found the Defendant guilty on the ground that there was a prosecutor’s proof of the purpose of slandering, performance, and intent of the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) on July 31, 2018 among the instant facts charged

Examining the record in accordance with the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the purpose of slandering a crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation)

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.