전기통신사업법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
from the defendant.
1. Summary of grounds for appeal;
A. Compared to the facts charged, the Defendant committed an act indicated in this part of the facts charged, such as misunderstanding of facts as to the part of 2019 Highest 3255, and inserting the USIM into VoIP Gawawawa by using communication equipment in accordance with the instructions of the person who has failed to obtain his/her name. However, the lower court erred by misapprehending the facts or misapprehending the legal doctrine that found the Defendant guilty of this part of the facts charged by deeming that the Defendant conspiredd with the person who has failed to obtain his/her name, thereby having committed an unlawful act. 2) As to the confiscated portion of the seized evidence No. 1 (galtho City7), the seizure of the Defendant’s cell phone (No. 1) using the Defendant’s cell phone (No. 5) using the seized evidence No. 1 (g. Dogsi7) that
B. The lower court’s sentence of unreasonable sentencing (the first instance judgment: imprisonment with prison labor for a year and six months, confiscation, and imprisonment with prison labor for a period of four months) is too unreasonable.
2. Each appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following consolidation. Since each of the above judgments constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment in accordance with Article 38 of the Criminal Act, the judgment of the court below cannot be maintained any more.
However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.
3. Judgment on misconception of facts or misapprehension of legal principles
A. The Defendant asserted that the inserting of the USIM into the Rowawawawawa is a criminal act, in particular, an act related to Bosing, and that there was no awareness of such an act. However, considering the evidence duly adopted and examined by the lower court, the following circumstances revealed are comprehensively taken into account.