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(영문) 대법원 2019.07.04 2017도13331
업무방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted Defendant A on the ground that there was no proof of a crime regarding the charge of interference with business and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) with respect to the victim C among the facts charged in the instant case against Defendant A, and reversed the first instance judgment that found the Defendants guilty on the ground that there was no proof of a crime (excluding the part concerning the charge

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the crime of interference with business, violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), and defamation.

Meanwhile, the prosecutor appealed against the Defendants in the judgment of the court below. However, the prosecutor did not state the grounds for objection to this part in the petition of appeal and the appellate brief.

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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