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(영문) 대법원 2014.10.27 2014도11121

정보통신망이용촉진및정보보호등에관한법률위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal as to the primary facts charged, the lower court upheld the first instance judgment that acquitted the Defendant on the primary facts charged of this case on the ground that there is no proof of the crime.

Examining the record, the judgment of the court below is just, and there is no error of law of misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Examining the relevant legal principles and records as to the conjunctive charges, the court below was just in finding the Defendant not guilty of the ancillary charges of this case added at the court below for the reasons stated in its holding, and there was no error of misapprehending the legal principles as to the crime of intimidation beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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