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(영문) 대법원 2017.02.03 2016도20042
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance which acquitted the defendant on the ground that the violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. among the facts charged in this case constitutes a case where there is no proof of criminal facts, and the violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. (Defamation) and defamation among the facts charged in this case constitutes a case where there is no proof of criminal facts, or where the defendant's case is not a crime. There is no error of law that affected the conclusion of the judgment by misapprehending the legal principles on the distinction of factual opinions and expression in the crime of violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. (Defamation) and the legal principles on the grounds for the exclusion of illegality in the crime of defamation in the crime of

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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