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(영문) 광주지방법원 2017.08.29 2016노3393
정보통신망이용촉진및정보보호등에관한법률위반
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the following facts were examined: ① the prosecutor added the charges against the defendant as stated below in the judgment of the court below; ② the defendant was sentenced to imprisonment with prison labor for a year and eight months in the case of special intimidation, etc. at the Gwangju District Court Decision 2017No. 1053, Jun. 21, 2017; ② the defendant was sentenced to imprisonment with prison labor for a period of one year and eight months, and the judgment became final and conclusive around that time. As such, the above special intimidation, etc., for which the defendant's crime of this case and the judgment became final and conclusive upon confirmation of the above judgment, are concurrent crimes under Article 37 of the Criminal Act and should be sentenced to a punishment for the court below in consideration of equity with the case where the prosecutor decides at the same time pursuant to the main sentence of Article 39 (1) of the Criminal Act. Thus, the judgment below cannot be upheld.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: “The Defendant was sentenced to imprisonment with prison labor for a year and eight months at the Gwangju District Court on June 21, 2017 for special intimidation, etc.” and the above judgment became final and conclusive around that time.

In addition, “from that time until 21:11 on the same day,” the text and text of the sign causing fears or apprehensions reached the victim repeatedly by transmitting text messages to the victim eight times as shown in the list of annexed crimes.

“from that time until 21:11 on the same day,” the part “from that time shall be eight times as in the table of annexed crimes 1.

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