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(영문) 대법원 2020.05.28 2020도3917

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court 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 “the purpose of slandering people” in the crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) or “public interest” as prescribed in Article 310 of the Criminal Act,

Meanwhile, even in light of the record, the first instance court and the lower court did not err by infringing the Defendant’s right to defense and the Defendant’s right to a participatory trial.

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