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(영문) 대법원 2019.08.09 2019도6383
협박등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court reversed the judgment of the first instance court that found the Defendants guilty on the grounds that there was no proof of crime regarding each of the charges against the Defendants, and sentenced the Defendants not guilty.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding 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 intimidation.

2. The lower court found Defendant A guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) among the facts charged against Defendant A.

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 exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on Promotion of Information

3. The lower court found Defendant B guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) among the facts charged against Defendant B.

The judgment below

Examining the reasoning of the record, the lower court did not err by exceeding 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 Act on Promotion of Information and Communications Network Utilization and Information Protection

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed may be appealed on the grounds of

Therefore, in this case where a more minor sentence is imposed on Defendant B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

4. The final appeal by the prosecutor and the Defendants is with merit.

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