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(영문) 대법원 2019.02.28 2016도4218

통신비밀보호법위반등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court convicted the Defendant of the facts charged of the instant case (excluding the acquittal part and the part dismissing the prosecution of the first instance).

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 bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the possibility of public performance and dissemination in the crime of defamation, the grounds for excluding illegality under Article 310 of the Criminal Act, the justifiable act, and the necessity

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

참조조문