모욕
The judgment of the court below is reversed.
The defendant shall be exempted from punishment.
1. The summary of the grounds for appeal (misunderstanding of legal principles) is that the instant crime was concurrent crimes with the crime for which a judgment of suspension of execution became final and the crime for which the latter part of Article 37 of the Criminal Act was established, but the lower court determined the sentence against the Defendant, so the lower court erred by misapprehending the legal doctrine on ex post concurrent crimes, which affected
2. On March 27, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. at the Daejeon District Court (Defamation). On April 4, 2014, the above judgment became final and conclusive on April 4, 2014. The above crime and the crime in the judgment below, for which judgment became final and conclusive, shall be sentenced to a punishment for the crime in the judgment of the court below, taking into account the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and equity, as the crime
Even so, the court below erred by misapprehending the legal principles as to the judgment of the court below, since it omitted the judgment on the above crime which became final and conclusive.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is the first head of the lower judgment, and the Defendant was sentenced to a suspended sentence of six months for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) at the Daejeon District Court on March 27, 2014, and the said judgment became final and conclusive on April 4, 2014.
In addition to adding “1. Date of confirmation and sentence” to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is also quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);
1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the following):