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(영문) 서울북부지방법원 2015.12.17 2015노1871
정보통신망이용촉진및정보보호등에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

Where several acts or acts falling under the name of the same crime continue to be committed for a certain period under the single and continuous criminal intent and where the legal benefits from such damage are the same, each act shall be punished by a single comprehensive crime in total, but where the unity and continuity of the criminal's intent are not recognized or the method of the crime is not the same, each act constitutes a substantive concurrent crime.

(2) In light of the aforementioned legal principles, each act recorded in the facts constituting a single crime and applicable provisions of law based on the foregoing legal doctrine as seen earlier is all identical crimes and applicable provisions. The date and time of each act is relatively close to the same and is provided under the criminal intent of a single and continuous criminal with personal information in the same manner. As such, it is reasonable to view that there is a single comprehensive crime.

Nevertheless, the court below erred in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

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

Application of Statutes

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