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(영문) 서울중앙지방법원 2020.06.25 2020노189 (1)
정보통신망이용촉진및정보보호등에관한법률위반
Text

1. The part of the judgment of the court below against the defendant Nos. 1 and 2 is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) Defendant B (an unreasonable sentencing on the judgment of the court below on the grounds of appeal Nos. 1 and 2) each sentence imposed by the court below (an imprisonment with prison labor for one year and four months, and imprisonment with prison labor for one year and eight months): Defendant CA) and Defendant B sent e-mail by Defendant B to F (including the “K” and the “M” (hereinafter “instant program”).

(2) Each sentence (Article 1: 7 months of imprisonment, and 3 months of imprisonment) rendered by the lower court (Article 1: 7 months of imprisonment, and 1 year and 2 months of imprisonment) on the grounds that the lower court’s respective sentence (Article 1: 7 months of imprisonment, and 1 year and 2 months of imprisonment) is unreasonable to the extent that it may damage, destroy, alter, or forge the information and communications systems, data, programs,

3) The punishment sentenced by the lower court (an unreasonable sentencing against the lower judgment of the second instance) on Defendant V (an imprisonment with prison labor of one year and two months) is too unreasonable. B. The punishment sentenced by the first instance court against the prosecutor (an imprisonment with prison labor of one year and two months) (an imprisonment with prison labor of one year and two months) and Defendant C is too unreasonable.

3. Determination

A. Determination 1 on Defendant B and C is examined ex officio prior to the judgment on the grounds for appeal ex officio. The above Defendants joined pleadings in the trial by filing an appeal against the judgment below ( Defendants B and B, the judgment of the court below, Defendant C, and the judgment of the court below). Since each of the crimes that the judgment of the court below in question rendered are concurrent crimes under the former part of Article 37 of the Criminal Act, the sentence of D punishment should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part of the judgment of the court below in the first and second cases against the above Defendants and the judgment of the court below in the third and the judgment of the court of the court of the court below cannot be maintained further in this respect. 2) The judgment on the grounds for appeal of mistake of facts by Defendant C cannot be affirmed. However, even if the above grounds for ex officio reversal

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