정보통신망이용촉진및정보보호등에관한법률위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, among the facts charged of mistake of facts, the Defendant sent text messages to the victim as indicated in the lower judgment. However, the Defendant sent text messages to the victim for settlement with the victim, and did not cause fear or apprehensions to the victim. As to the fact of defamation, all of the contents of the Defendant’s text messages on the poster
B. The lower court’s sentence of an unreasonable sentencing (a fine of four million won) imposed on the Defendant is too unreasonable.
2. Determination:
A. According to the records of this case’s judgment ex officio, the Defendant was sentenced to five months of imprisonment for fraud in this court on February 6, 2014, and the judgment became final and conclusive on April 24, 2014. As such, the crime for which a judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case should be sentenced to punishment for each of the crimes of this case in consideration of equity and cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, which will be examined below.
B. 1) Determination of the assertion of mistake of facts is made as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection and Information Protection, Etc. (see, e.g., Supreme Court Decision 2008Do9581, Dec. 24, 2008). As such, when considering a series of acts of the Defendant, the victim’s emotionally evaluated it beyond the degree of harm to the peace of mind, the victim’s peace and communication is deemed to have been harmed.