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(영문) 대법원 2016.05.12 2015도15320
명예훼손등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds of appeal, the lower court is justifiable to have determined that all facts charged of the instant conviction were recognized on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on

2. 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 found the defendant guilty on the ground that the violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Defamation) among the facts charged in the instant case constitutes a case where there is no proof of criminal facts, and to find the defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by violating logical

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but does not indicate the grounds of appeal as to the petition of appeal or the reasons of appeal.

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

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