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(영문) 대법원 2017.12.7.선고 2015도1271 판결
가.공직선거법위반·나.정보통신망이용촉진및정보보호등에관한법률위반·(명예훼손)·다.출판물에의한명예훼손·라.사자명예훼손
Cases

Do 2015 1271 A. Violation of Public Official Election Act

B. Violation of the Act on Promotion of Use of Information and Communications Network and Protection of Information

(Defamation)

(c) Damaging one example in publications;

(d) Damaging the honor of a deceased person;

Defendant

1. (a) b. d.

A

2.(a)(b),

B

Appellant

Prosecutor (as to Defendant B)

Defense Counsel

Law firm (in order to hear defendants)

Attorney J, K, N

Attorney R (for Defendant A)

(A) A legal entity E (a)

Attorney F, G, H, P, and DE

Judgment of the lower court

Seoul High Court Decision 20133469 decided January 16, 2015

Imposition of Judgment

December 7, 2017

Text

all appeals shall be dismissed.

Reasons

The grounds of appeal are determined.

Based on the reasoning stated in the judgment below, the court below maintained the judgment of the court of first instance which rendered a verdict of not guilty on the facts charged in the instant case on the grounds that the facts charged were not proven, and maintained the judgment of the court of first instance which rendered a verdict of not guilty on the defendant. In light of the relevant legal principles and records, the judgment of the court of first instance is legitimate, and there is no error by misapprehending the legal principles on publication of false facts, defamation, etc. against the legal rules of logic and experience, as alleged in the grounds of appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Ko Young-han

Justices Jo Hee-de

Justices Kwon Soon-il

Justices Cho Jae-chul

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