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(영문) 대법원 2020.12.24 2020도13933
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court reversed the first instance judgment convicting the Defendant, and acquitted the Defendant on the ground that there was no proof of crime as to each part of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles 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 the establishment of

2. The lower court found the Defendant guilty 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 grounds stated in its reasoning.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on “influorous purpose” in the crime of violating the Information and Communications Network Act (defluence).

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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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