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(영문) 대법원 2017.07.18 2017도6921
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of this case’s facts charged (excluding the charge without fault and the part not guilty of the reasoning) for the reasons indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding

2. As to the reasons for the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the prosecutor of the instant facts charged (excluding the guilty portion) on the ground that there was no proof of crime, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

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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