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(영문) 대법원 2018.11.29.선고 2017도16335 판결
정보통신망이용촉진및정보보호등에관한법률위반·(명예훼손)(일부인정된죄명모욕)
Cases

2017Do16335 Act on Promotion of Information and Communications Network Utilization and Information Protection

(Defamation) Partially Recognized the name of a crime

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

Law Firm AA, Attorneys AB, AC, AD, and AE

Judgment of the lower court

Seoul Central District Court Decision 2016Do5410 Decided September 14, 2017

Imposition of Judgment

November 29, 2018

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).

Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine in interpreting and applying “the purpose of slandering” under Article 70

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Kim Jae-hyung

Justices Cho Jong-hee

Justices Min Min-young

Chief Justice Lee Jae-won and Justice Lee Dong-won

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