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(영문) 대법원 2016.02.18 2015도19631
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted in the court of first instance that the sentencing was unfair along with the deliberation of the sentencing, violation of the rules of evidence, and misunderstanding of the legal principles, but at the second trial date of the court below, the defendant revoked the grounds for appeal by misunderstanding the rules of evidence, and misunderstanding of the legal principles.

In such a case, the argument that the court below erred in the violation of the rules of evidence, omission of judgment, or misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, the argument that there is a violation of Article 4 of the Act on Special Cases Concerning the Procedure of Appeal is a law that does not apply to criminal proceedings, and therefore the argument itself is not reasonable.

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

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