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(영문) 대법원 2014.09.26 2014도7545
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The appeal is dismissed.

Reasons

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

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court found the Defendant guilty on the ground that there was a purpose of slandering the Defendant, such as each of the facts charged in this case (excluding the dismissed part) and that the crime stated in paragraph (3) of the facts charged in the

The allegation in the grounds of appeal is a substantial challenge to the fact-finding by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment

In addition, even if examining the reasoning of the lower judgment in light of the legal doctrine as stated in the lower judgment and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the purpose of slandering in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), or by exceeding the bounds of the principle of free evaluation

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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