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(영문) 대법원 2014.05.16 2014도3377
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
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 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). On the grounds indicated in its reasoning, the lower court determined that the content of the interview of the Defendant was false and that there was a purpose of slandering the Defendant, and rejected the grounds for appeal of mistake of facts and misapprehension of legal principles, and upheld the first instance judgment convicting the Defendant of the facts charged.

The allegation in the grounds of appeal disputing the fact-finding by the lower court is nothing more than dispute over the lower court’s determination of evidence and probative value, which belong to the free judgment of the lower court.

In addition, even in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the purpose of slandering in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and the intentional act of defamation against a deceased person.

In addition, even if the defendant's grounds of appeal are examined in light of the records, it does not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act or procedural errors affecting the conclusion of the judgment.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

Therefore, the appeal is dismissed.

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