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(영문) 대법원 2018.08.30 2016도3857
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds for appeal by the defendant

A. The lower court found the Defendant guilty of the charge of interference with business and defamation (excluding the part not guilty for each reason) among the facts charged in the instant case on the grounds indicated in its reasoning.

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 illegality in the crime of spreading and impairing reputation in the crime of interference with duties.

B. The gist of this part of the grounds for appeal by the Defendant is that the Defendant’s act does not constitute the elements of the offense of insult, and even if it falls under the elements of composition, illegality should be avoided.

However, this is not a legitimate ground for appeal, as it is asserted by the court below that the defendant was the ground for appeal or was not subject to a judgment ex officio.

2. On the grounds of the Prosecutor’s appeal, the lower court acquitted the Prosecutor on the charge of interfering with the duties through L reporters, of violating the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation) and of partly defamation, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, 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 establishment and acceptance of defamation

3. 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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