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(영문) 대법원 2019.09.10 2019도6707

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the charge of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) among the facts charged in the instant case on the ground that there was no proof of crime.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the record, 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 “justifiable or permitted access authority” as prescribed in Article 48(1) of the Information and

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of interfering with each of the instant facts charged (excluding the acquittal part).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 exclusion of illegally

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