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(영문) 대법원 2020.10.15 2020도10846
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals are dismissed.

Reasons

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

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) on June 11, 2018 among the instant facts charged,

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 establishment of a crime of violating the Act on Promotion of Information and Communications Network Utilization

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) on June 10, 2018 among the facts charged in the instant case on the grounds

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 establishment of a crime of violation of the Act on Promotion of Information and Communications Network Utilization

In addition, the argument that there is an error of using evidence which has no admissibility of evidence as evidence of guilt is not a legitimate ground for appeal as it is asserted by the defendant only when it comes to the court of final appeal that the defendant did not consider it as the ground for appeal or

Furthermore, even if examining, the lower court did not err by its judgment.

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

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