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(영문) 대법원 2017.05.30 2017도3812
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the record, it is justifiable to reverse the first instance judgment that found the Defendant guilty on the grounds that there was no proof of a crime regarding the violation of the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) from among the facts charged in the instant case, on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the statement of false facts in the crime of violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Defamation)

2. As to the grounds for the Defendant’s appeal, the allegation that the lower court erred by misapprehending the facts regarding the Defendant’s violation of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) due to the statement of facts among the facts charged in the instant case is not a legitimate ground for appeal, since the Defendant’s assertion that it was based on the appeal or that it

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted based on unfair grounds for sentencing. As such, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

3. 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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