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(영문) 대법원 2015.01.15 2014도14006
정보통신망이용촉진및정보보호등에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, inasmuch as the text message sent by the defendant cannot be deemed to have reached the degree of fear and apprehensions of the victim, and the court below found the defendant guilty by finding wrong facts without exhaust all necessary deliberations and by misunderstanding the relevant legal principles.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. The ground of appeal is not legitimate grounds of appeal since it contests the fact-finding belonging to the discretionary authority of the court below or asserts the misapprehension of legal principles on the premise of facts different from

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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