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(영문) 대법원 2018.02.13 2017도18346
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to have determined that the lower court convicted the Defendants of the instant facts charged on the grounds stated in its reasoning.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the victim’s specification, purpose, purpose of defamation, possibility of dissemination, false facts, public interest, and the grounds for excluding illegality under Article 310 of the Criminal Act, in the crime of defamation or violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection

In addition, according to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the Defendants, the allegation that the amount of punishment is unfair is not a legitimate ground for appeal.

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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