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(영문) 대전지방법원 2017.10.25 2017노1509
개인정보보호법위반등
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (the first instance court: imprisonment of one year for a term of two years, the observation of protection, the community service order of 160 hours, the second instance court: the suspended sentence of two years, the observation of protection, and the community service order of 120 hours) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the defendant filed an appeal against the judgment of the court below, and the court decided to hold a joint hearing of all the above cases of appeal.

In doing so, each of the offenses against the Defendant by the lower court constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed within the scope of the term of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. As such, the part of the lower judgment against the Defendant and the lower judgment of Article 2 of the Criminal Act cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed as to the part of the judgment of the court of first instance and the judgment of the court below as to the defendant pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows after pleading.

【Grounds for the judgment in its judgment in its entirety] The summary of the facts constituting the crime and the evidence admitted by the court in this case is included in the personal information acquired by the defendant as stated in the list of crimes listed in the attached Table 1 of the judgment in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court below.

Therefore, the crime No. 8 of the first part of the crime of the second judgment is attached to the attached Form 8.

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