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(영문) 광주지방법원 2013.11.13 2013노1958
정보통신망이용촉진및정보보호등에관한법률위반
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments (a fine of two million won, three million won) imposed by the court below on the defendant is too unreasonable.

2. Prior to the determination of the Defendant’s argument on the grounds of appeal, the first instance court held that the Defendant filed an appeal against the instant judgment by both the lower court and the pleadings were combined in the trial. However, each offense against the Defendant, which the lower court rendered against the Defendant, should be adjudicated simultaneously in accordance with Article 38 of the Criminal Act and sentenced to a single sentence. Thus, the lower court’s judgment was no longer maintained.

3. Accordingly, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (to select each fine, including each victim, respectively) concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed by the defendant as he gets the father and father of the victim B, with respect to the victim B, 57 times in the case of the victim B, and the F repeatedly sent the victim B, 158 times in the case of the victim’s sexual humiliation, and the nature of the crime is bad, and the victims suffered considerable mental suffering due to the crime of this case. However, the defendant did not make efforts to recover from damage.

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