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(영문) 울산지방법원 2017.05.25 2016노1564
명예훼손등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal is too unreasonable that each sentence imposed on the accused (the first instance court of KRW 2 million, the second instance of KRW 2 million, the second instance of KRW 500,00, the third instance of KRW 300,000, the second instance of KRW 4 million, the second instance of KRW 3 million) is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

A. The judgment of the court below in the first, second, and third instances rendered an appeal against the defendant, and the defendant filed an appeal against the judgment of the court below in the first, second, and third instances, and the court decided to hold concurrent hearings with each of the above appeals cases. Each of the offenses in the judgment of the court in the first, second, and third instances against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot avoid the reversal in its entirety.

B. In addition, the prosecutor applied for the amendment to a bill of amendment of an indictment to which “A” portion of the facts charged in the case of No. 2017 No. 151 (No. 2016, No. 1297), among the facts charged, was changed to each “G,” and the subject of the judgment was changed by the trial. As such, the judgment of the court below No. 2 was no longer maintained in this respect.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.

【Grounds for the judgment in its entirety] The facts constituting a crime and the summary of the evidence admitted by the court in question and the summary of the evidence are as follows. Except for the cases where the "A" of the second 2nd 2nd 2nd 2nd 8th 8th 8th 15th 15th 2nd 2nd 2nd 2nd 2nd 2nd 369 of the Criminal Procedure Act is the same as each corresponding part of the judgment of the court below.

Application of Statutes

1. Article 307 (2) of the Criminal Act as to the facts constituting an offense under the relevant Act, Article 71 subparagraph 5 of the Personal Information Protection Act, and subparagraph 2 of Article 59 of the said Act (including the divulgence of personal information);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between the crimes of violation of the Personal Information Protection Act, which occurred in early September 2014).

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