정보통신망이용촉진및정보보호등에관한법률위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. Defendant 1) In relation to the remaining assault part of the case No. 2013 Highest 453, the lower court found Defendant guilty of this part of the facts charged in spite of the fact that the Defendant did not assault AA by means of lringing water, etc., her mother. In so determining, the lower court erred by misapprehending the facts. 2) Recognizing
Even if the original judgment is rendered, each punishment (the first instance judgment: the imprisonment of 8 months and 6 months: the imprisonment of 6 months) sentenced by the original judgment is too unreasonable.
B. Regarding the case of Prosecutor 2012 Highest 3082, the sentence of 8 months sentenced by the lower court is too unhued and unreasonable.
2. Prior to the judgment on each of the grounds for appeal above ex officio, the case of this Court 2013No90, which is a case of appeal against the judgment of the court of first instance, and the case of this Court 2013No1317, which is a case of appeal against the judgment of the court of second instance, was consolidated in the proceedings of the oral argument. Each of the crimes of the judgment of the court below 1 and 2 shall be sentenced to a single sentence in the relation of concurrent crimes or universal crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below in this regard shall no longer be maintained.
However, there is reason to reverse the judgment below ex officio as above.
Even if the defendant's assertion of mistake is still subject to the judgment of this court, it is examined.
3. The following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s determination of the Defendant’s assertion of mistake of facts: (i) the victim made a statement from the investigative agency to the lower court that “the Defendant committed an assault by means of tringing a water contained in the body or disease”; (ii) the victim’s statement conforms to AD’s testimony at the time of the occurrence of the instant case; and (iii) the victim’s appearance immediately after the occurrence of the instant case.