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(영문) 대법원 2017.05.31 2017도3142

상해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds for appeal, the lower court’s determination that the Defendant was guilty of violating the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) except for the fact that the Defendant was injured by assault among the facts charged in the instant case and posted a letter on the national newspaper and on the website, on the grounds as indicated in its reasoning.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the public performance of crimes of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

2. On the grounds of the prosecutor’s appeal, the lower court found the Defendant not guilty on the ground that there was no proof of the crime of injury among the facts charged in the instant case, and found the Defendant guilty on the grounds that there was no proof of crime as to the violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) regarding posting comments on the citizen newspaper and on the website among the facts charged in the instant case, and acquitted the

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the public performance of the crime of intentional injury, or by misapprehending the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc

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