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(영문) 울산지방법원 2016.05.13 2015노1546
상해등
Text

The judgment below

Among them, the Act on the Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation), and D.

Reasons

1. Summary of grounds for appeal;

A. For the following reasons, Defendant G was aware that the victim G was adult at the time of the instant case, and there was no intention to commit a crime of violation of the Juvenile Protection Act.

Nevertheless, the judgment of the court below which found the defendant guilty on the violation of the Juvenile Protection Act is erroneous or erroneous in the misapprehension of legal principles.

(1) On December 2014, the Defendant entered the U.S. University Space Design Department from D, the victim G, “G,” in March of the year.

Inasmuch as “the victim G was introduced with the word “,” the victim G was aware of 96 years’ birth.

② The victim G had shown his U.S. university student card to the Defendant. The student card was written in 96 years, and the victim G was also written in SNS.

B. The punishment of the lower court (six months of imprisonment, two years of suspended execution, observation of protection, confiscation) is too unreasonable.

2. Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution on the violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation) and Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation), and only the Defendant appealed against the lower judgment.

Therefore, since the court below's dismissal judgment against the defendant was separated and confirmed as it is, it is excluded from the scope of this court's trial, and the scope of this court's trial is limited to the judgment of conviction.

3. Prior to the judgment on the grounds of ex officio appeal, according to the law applicable to the instant indictment and the facts charged, the prosecutor has charged all the charges of violating the Juvenile Protection Act due to access by establishments banned from employing juveniles and employing juveniles harmful to juveniles, and of violating the Juvenile Protection Act due to employment of establishments harmful to juveniles.

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