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(영문) 대법원 2013.06.27 2012도15725
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the Defendant’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed), in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the Defendant was guilty of the instant charges on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by failing to exhaust all necessary deliberations, misapprehending the rules of logic and experience, omitting judgment, or misapprehending the legal doctrine on defamation.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is justifiable to maintain the first instance judgment that acquitted the Defendant on the charges of defamation through publications of the Armed Forces Security Command and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), on the grounds as indicated in its reasoning, on the ground that the lower court did not constitute a crime. In so doing, contrary to what is alleged

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but the petition of appeal or the appellate brief does not indicate the grounds for objection.

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

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