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(영문) 대법원 2016.09.30 2016도11539
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of this case’s facts charged (excluding the part not guilty of the reasoning) on the grounds stated in its reasoning. 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 of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “the purpose of defamation” and “public interest” in the crime of violation of the Act on Promotion of the Use of Information and

In addition, the argument that the first deliberation procedure is illegal is not a legitimate ground for appeal, as it is asserted by the defendant as the ground for appeal or by the court below as the object of judgment ex officio.

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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