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(영문) 대법원 2014.09.04 2013도15969
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The appeal is dismissed.

Reasons

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

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable in maintaining the first instance judgment convicting the Defendant of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and by misapprehending the legal doctrine regarding “purpose of defense,” “a statement of fact,” “a statement of fact,” and the burden of proof, etc.

In addition, there is no clear evidence to acknowledge innocence of the defendant even after examining the materials submitted by the defendant to this court, and there is no ground for retrial under Article 420 subparag. 5 of the Criminal Procedure Act, and it constitutes grounds for appeal under Article 383 subparag. 3

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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