정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendants were guilty of all of the facts charged of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and defamation by publication against Defendant A, on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of free conviction due to violation of logical and empirical rules, or by exceeding the bounds of free conviction due process, or by violating the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation).
2. Examining the reasoning of the lower judgment as to the prosecutor’s appeal in light of the record, it is justifiable to maintain the first instance judgment which acquitted each of the Defendants B and C of the facts charged in the instant case on the ground that there was no proof of a crime regarding defamation by publication of Defendants B and C among the facts charged. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free conviction by violating the logical and empirical rules
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.