정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In light of the legal principles, the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization Act”) among the facts charged in the instant case is related to the crime of violating the Information and Communications Network Utilization Act (defluence) and the crime of violating the Information and Communications Network Utilization Act (defluence) in the Seoul Western District Court 2013Kadan817 case, which became final and conclusive on June 6, 2014, and thus, this constitutes a crime of violating the Information and Communications Network Utilization Act (defluence). Therefore, the court below acquitted the facts charged
Shebly, even if the facts charged in violation of the Act on the Use of Information and Communications Network Utilization (Defamation) are not recognized, each of the facts charged in this case is in relation to each of the crimes of the Seoul Western District Court 2013Kadan817 and the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below should be sentenced at the same time in consideration of equity and equity in the case of each of the above crimes under Article 39 of the Criminal Act.
B. Even if the facts charged of this case were to be found guilty, the sentence of imprisonment (two years of suspended sentence in August, and probation) by the lower court is too unreasonable.
2. Determination
A. According to the record of the determination of acquittal on the assertion of misapprehension of legal principles, the Defendant was convicted of having committed a crime of impairing the reputation of the victim by posting a false statement that the Defendant was sexual harassmentd by the victim F in the case, such as violation of the Information and Communications Network Use Act (Defamation), etc., Seoul Western District Court Decision 2013Da817, which became final and conclusive on June 6, 2014 by declaring that the Defendant appealed the above judgment but the appellate court dismissed the Defendant’s appeal.
However, on the other hand, the judgment becomes final and conclusive.