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(영문) 대법원 2019.08.14 2019도7045
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) on March 30, 2016 among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Information and Communications Network Act (Defamation) and the freedom of press publication guaranteed by the Constitution, or omitting necessary

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant of violation of the Information and Communications Network Act on April 15, 2016 among the facts charged in the instant case, and acquitted the Defendant on the ground that there was no proof of a crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the establishment of a crime of violation of the Information and Communications Network Act (Defamation).

3. 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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