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(영문) 대법원 2018.04.26 2017도20581
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals are dismissed.

Reasons

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

1. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have found Defendant B guilty of the primary charges of this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of free conviction doctrine by violating logical and empirical rules, or by misapprehending the legal doctrine on the purpose of slandering the crime of violating the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant A, C, D, and E of the primary facts charged in the instant case on the grounds that no proof of crime exists, and determined that Defendant A, C, D, and E of the ancillary facts charged in the instant case were acquitted on the grounds of the lower judgment.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, although the lower court’s reasoning was somewhat inappropriate, the lower court’s conclusion that the Defendants A, C, D, and E was acquitted of all the primary and conjunctive charges of this case. In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, by exceeding the bounds of free conviction due to violating the logical and empirical rules, or by misapprehending the legal doctrine on the statement of fact, recognition of false facts, timing of deception, purpose of defamation, and the crime of defamation of reputation.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition.

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