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