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(영문) 인천지방법원 2013.06.21 2013노742
정보통신망이용촉진및정보보호등에관한법률위반
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. Mes, e-mail, etc. sent by the Defendant for misunderstanding of facts are not expressions that cause fear or apprehension.

B. The lower court’s sentence (two million won of fine) imposed by the Defendant on the Defendant of unreasonable sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the part indicated in the separate sheet Nos. 1 through 11, the summary of this part of the facts charged was maintained by the Defendant from around November 9, 2010 to the victim E (the age of 47, n) and for several months in Canada. No one shall repeatedly reach the other party with signs, language, sound, image, or image that may cause fear or apprehension through an information and communications network. Nevertheless, the Defendant want to make the victim “I wish to make the victim’s e-mail before it. I want to do so. However, without doing so, I would like to complete the Defendant’s indictment. However, even if I would like to complete the indictment, I would like to lawfully conclude that the Defendant was not guilty of the Defendant’s e-mail without the burden of proof from the point of time to November 11, 2011, to the extent that it reached the victim’s e-mail No. 1371 to 117, 2011.

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