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(영문) 대법원 2016.02.18 2015도18891
공직선거법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the Defendant was guilty of the instant facts charged (excluding the part not guilty of the reasoning) on the grounds stated in its reasoning is justifiable. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the burden of proof in the crime of publishing false facts under the Act on Promotion of the Use 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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