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(영문) 대법원 2019.09.10 2019도9291
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant not guilty on the grounds of appeal by the Prosecutor, which found that there was no proof of crime regarding the embezzlement among the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 the status of custodian and intent of unlawful acquisition

2. The lower court found the Defendant guilty of the part concerning defamation around December 2, 2017, among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 public performance, falsity, and purpose of slandering in the crime of violating the Act on Promotion of Information and Communications Network Utilization

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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