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(영문) 대법원 2016.03.10 2016도139
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Where a number of acts falling under the name of the same crime continues to be committed for a single and continuous period under the criminal intent of a single and continuous criminal intent, and the legal interests and interests of the same damage are identical, each of these acts shall be punished by a single comprehensive crime (see Supreme Court Decision 2001Do3312, Aug. 21, 2001). For the reasons stated in its reasoning, the lower court, based on the facts charged in the instant case (excluding the portion of conviction), was committed in accordance with the criminal intent of the final summary order and the criminal intent of a single and continuous criminal intent, and thus,

In recognition of acquittal, acquittal was pronounced.

Examining the aforementioned legal principles and records, the lower court’s determination is justifiable.

There is no error of law by misunderstanding the legal principles on the comprehensive crime.

2. Meanwhile, the prosecutor appealed to the entire judgment of the court below, but the prosecutor did not state the grounds for appeal as to the guilty portion, nor did he state the grounds for appeal as to the grounds for appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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