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(영문) 대법원 2015.3.20.선고 2014도16337 판결
가.정보통신망이용촉진및정보보호등에관한법률위·반(명예훼손)·나.정보통신망이용촉진및정보보호등에관한법률·위반(음란물유포)
Cases

A. Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

half (Defamation)

(b) Information and Communications Network Promotion Act;

Violation of the obscenity (obscenity)

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

L Law Firm

Attorney M, N, 0

Judgment of the lower court

Seoul Central District Court Decision 20143544 Decided November 14, 2014

Imposition of Judgment

March 20, 2015

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance 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) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err 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 the statement of facts, the burden and degree of proof in the criminal trial, and the burden of proof and degree thereof, as alleged in the grounds of appeal.

In addition, the Defendant appealed to the remaining guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal in the appellate brief.

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

Justices Park Jae-young

Justices Lee In-bok

Justices Kim Yong-deok

Justices Ko Young-han

Justices Kim Gin-young

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