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(영문) 대법원 2013.09.26 2013도7625

정보통신망이용촉진및정보보호등에관한법률위반등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the grounds of appeal alleging mistake of facts on the grounds that the instant facts charged (excluding the part on which innocence was pronounced in the first instance trial) is found guilty.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the indication of facts, awareness of false facts, and intention of defamation, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

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