All appeals filed by the defendant and prosecutor are dismissed.

1. Of the facts charged in the instant case, the lower court found the Defendant guilty of the charge of violating Article 2(2) of the Telecommunications Business Act, on May 20, 2019, by installing equipment “VoIP Gyway” from around May 10, 2019 to around May 13, 2019, to manage the transmission phone number of the sender in the same manner as indicated in paragraph (1) of Article 2 of the facts charged in the lower judgment. As such, the Defendant, in collusion with the Defendant, indicated a false phone number of the sender for the purpose of deceiving another person, and indicated it by using telecommunications services provided by a telecommunications business operator.” The lower court acquitted the Defendant of the charges of violating Article 2(2) of the Telecommunications Business Act, on the ground that the charges were not charged.

As to this, the defendant and the prosecutor appealed on the guilty portion of the judgment of the court below on the grounds of unfair sentencing, and the prosecutor did not appeal the acquittal portion of the reasons

In such a case, the part of acquittal in the reasoning should be transferred to this court along with the guilty part in accordance with the principle of non-guilty appeal, but the part of acquittal in the reason is already separated from the object of attack and defense between the parties, and thus, this part cannot be judged again by the court.

(see, e.g., Supreme Court Decision 2004Do5014, Oct. 28, 2004). Therefore, the part not guilty on the above ground should be subject to the conclusion of the lower court’s judgment, and it is not separately determined.

2. The summary of the grounds for appeal (in both cases of unfair sentencing) by the lower court (two years of imprisonment, confiscation) is too minor or unreasonable.

3. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, determines sentencing.