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(영문) 대법원 2019.10.31 2019도10647
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) listed in [Attachment 1] No. 1, 2, and 4 of the facts charged in the instant case, among the facts charged in the instant case, on the grounds that

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “statement of false facts” under Article 70(2) of the Information and Communications Network Act

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief on the guilty part.

2. As to the Defendant’s ground of appeal

A. On the grounds indicated in its reasoning, the lower court found the Defendant guilty of violating the Information and Communications Network Act (Defamation) No. 3 as indicated in the [Attachment 1] List of Crimes in the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of an indictment only, exceeding the bounds of the principle of an indictment only, exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the specification of the facts charged, illegally collected evidence, the grounds for exclusion of illegality, the principle of clarity derived from the principle of an indictment only, and the establishment of a crime of violation of the Information

Furthermore, even if examined in light of the record, there was no error in violation of due process in the investigation procedure, the prosecution procedure, the first instance court, and the trial proceedings of the lower court, as

B. The cost of lawsuit is assessed against the party.

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