logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.01.29 2013도14251
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal is that this article is not a false fact, such as the facts charged by the defendant posted on the bulletin board of the golf club, which is an Internet site, and that the defendant was found guilty by finding wrong facts by the court below and by misunderstanding the legal principles on the establishment of the crime even though the defendant did not recognize it and did not slander the victims.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

In light of the records, the court below cannot find out the grounds that the court below exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and there is no illegality in the misapprehension of legal principles as to the establishment of the above crime.

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

arrow