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(영문) 대법원 2016.05.12 2016도2216
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The lower court convicted the Defendant of violating the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) among the facts charged in the instant case.

In light of the relevant legal principles, the lower court did not err by misapprehending facts against logical and empirical rules, or by misapprehending the legal principles on the grounds for the exclusion of illegality in the crime of violation of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), or by misapprehending the legal principles on the offense of false accusation, as alleged in the grounds for appeal.

Other grounds for appeal shall not be a legitimate ground for appeal as prescribed in Article 383 of the Criminal Procedure Act.

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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