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(영문) 대법원 2014.09.25 2013도15818
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) No. 2, 6, and 8 of the instant facts charged as indicated in the first instance judgment among the facts charged, and of insult as of May 8, 201, which is the modified facts charged. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical

2. As to the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance or acquitted the Defendant on the ground that there was no proof of the crime regarding the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) No. 1, 3, and 5 of the crime list No. 1, among the facts charged in the instant case against the Defendant, and affirmed the judgment of the court of first instance that acquitted the Defendant on the ground that there was no proof of the crime, and that there was no proof of the crime regarding the violation of the Act on Promotion of Information

Examining the reasoning of the judgment below in light of the records, the court below's decision is just and acceptable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence or by exceeding the bounds of the

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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