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(영문) 부산지방법원 2018.06.28 2018노985

전기통신사업법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 through 31 ( Daejeon District Prosecutors' Office.)

Reasons

1. The lower court’s sentence (a year and June and confiscation) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

At the trial of the party, the Prosecutor changed the part of the facts charged in the instant case into the part of the “Personal Information Protection Act.xls” in the part of the instant case to the “NLs revised on January 1 through 27, 16,” “4,023 case (crime List 1)”, “NLs.xls 1,738 case (Crimes Table 2)”, “n.xls 1,738 case (Crime Table 2)”, “n.o. D.xl.xls 2,349 case (Crimes Table 3)”, respectively, and the contents of the attached Table 1 through 349 case are as shown in the attached Table 1 through 37,000.

A request for amendments to Bill of Indictment was made for each addition, and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, on the ground that the above reasons for reversal are reversed ex officio.

[Re-use] The summary of the facts of the crime and evidence recognized by this court is the criminal facts and the summary of the evidence in the context of the "criminal facts" as the "Personal Information Protection Act" "4,023 cases of "4,023 cases of 1 to 27 January 1, 16", "total member information .xls .xls .xls .xls .", "1,738 cases of "Toovi 6 days of crime")", "toovi xls 2,349 items (7 days of crime)", and "toovi xls 2,349 items (7 days of crime table 7)", and "toovi xls 2,349 items (7 days of crime)" were modified to each of the existing list of crimes.

With the exception of adding B, it is the same as the corresponding column of the judgment of the court below, and thus, it is in accordance with Article 369 of the Criminal Procedure Act.