beta
(영문) 대법원 2016.08.18 2016도2692

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, acknowledged that there was a possibility that the message sent by the Defendant was disseminated, and that the Defendant was aware of the modified facts, and rejected the allegation of the grounds for appeal by misunderstanding the facts or misapprehending the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the recognition of facts that served as the basis of the judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and relevant legal principles as stated in the judgment of the court below, and the evidence duly admitted, the judgment of the court below did not err by failing to exhaust all necessary deliberations

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