beta
(영문) 대법원 2020.10.15 2020도9957

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court acquitted the Defendant on the facts charged of this case on the ground that the prosecutor’s proof on the “purpose of invirance” under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection

Examining the record in accordance with the relevant legal doctrine, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “non-purpose” as referred to in Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.,

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