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(영문) 대법원 2019.07.11 2019도5643
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted all of the charges of this case on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “false fact” and “personal information” in the crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation).

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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