logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.01.29 2014도15438
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the modified facts charged 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 misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the specification of facts charged, “purpose of slandering people” under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information

In addition, the adoption of the application for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2003Do3282, Oct. 10, 2003). Thus, the court below's rejection of the defendant's application for examination of evidence cannot be deemed unlawful on the ground that the court below did not accept

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

arrow