정보통신망이용촉진및정보보호등에관한법률위반등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The lower court convicted the Defendant of this part of the facts charged, inasmuch as there is no possibility of public performance of defamation because the contents of telephone conversations between the victim and the other party cannot be seen as spreading to many unspecified and unspecified persons in view of the relationship between the victim and the other party, etc. even if the Defendant is an offender, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. Each sentence imposed by the lower court on the Defendant (Articles 1 and 200,000 won by each of the lower judgment) is too unreasonable.
2. Determination
A. Determination 1 ex officio prior to the determination as to the Defendant’s assertion on the grounds for appeal, the case of this Court No. 2012No2567, which is the appellate case against the judgment of the court of first instance, was consolidated in the proceedings of the first instance. Since the crimes of the judgment of the court of first and second are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, each of the crimes of the judgment of the court of first and second are concurrent crimes in accordance with Article 38 of the Criminal Act, the judgment of the court of first instance cannot be maintained. However, even if there is such reasons for ex officio reversal, the Defendant’s assertion of mistake of facts and misapprehension of legal principles is still subject to the judgment of the court of this case.
B. On January 10, 2012, around 14:50 on January 14:50, 2012, the Defendant called to E, the chief management officer of the Seo-gu Office of the Victim C, Seo-gu, Seo-gu, Seoul, where the Victim C is working at the F apartment management office, and is a woman who has driven away from the morally unsatisfy.
A driver's license driver's license.