정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. Grounds for appeal and the sentencing of a fine of five million won;
2. The facts charged for ex officio judgment shall be stated clearly by specifying the time, date, place, and method of a crime;
(Article 254(4) of the Criminal Procedure Act. If a part of the facts charged is not specified, a prosecutor shall be ordered to be present at the seat of the public prosecutor, and if the public prosecutor does not specify it, the public prosecution on that part shall be dismissed.
(See Supreme Court Decision 2015Do3682 Decided December 15, 2016). In light of the following, the list of crimes attached to the indictment submitted by the prosecutor was omitted with regard to the date and time of crime. However, the lower court determined that the Defendant was guilty of all the charges without taking any measure.
After that, the prosecutor tried to modify the bill of amendment that specifies omitted statements according to the trial records.
Therefore, the judgment of the court below can no longer be maintained.
3. Thus, the court below's judgment is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument about sentencing and light of judgment, and it is again decided as follows.
[C] The summary of the facts constituting an offense and evidence recognized by the court is based on the annexed list 1 and 2 of the judgment below as the annexed list of crimes, and the summary of the facts constituting an offense and the evidence is based on the annexed list of crimes in Paragraph 1 and 8 of the same Article of the judgment below.
1. Paragraph 1.0 of Paragraph 10 of the Criminal facts stated in the holding of the court below is as follows: “The same as the entries in [Attachment] Nos. 2 through 8, 11, and 12”
2. The phrase “the same as the entry” is separate from “the same as the entry in [Attachment] Nos. 1, 9, and 10], and the summary of the evidence column of the lower judgment is the same as the entry in each corresponding column of the lower judgment, except that the phrase “1. Defendant’s legal statement” in the summary of the evidence column of the lower judgment is deemed to be “1. Defendant’s legal statement at the trial of the lower court.