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(영문) 대법원 2014.10.30 2014도4383
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, the lower court was justifiable to have found the Defendant guilty on the charge of violating the Road Traffic Act, based on its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or failing to exhaust all necessary deliberations.

2. Examining the reasoning of the lower judgment in light of the records, we affirm the lower court’s finding the Defendant not guilty on the charge of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) for the reasons indicated in its holding.

Although the reasoning of the lower judgment is somewhat inappropriate, it did not err by misapprehending the legal doctrine on the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) or the crime of omission.

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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