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(영문) 대법원 2020.12.30 2020도12458
경범죄처벌법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The prosecutor lower court reversed the first instance judgment and acquitted the Defendant on the ground that the part of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning the e-mail account among the facts charged in the instant case constituted res judicata of a summary order issued as a violation of the Act on Promotion of Information

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower judgment did not err by misapprehending the legal doctrine regarding acquittal judgment.

The Prosecutor appealed to the entire judgment of the court below, but did not state the grounds for objection in the petition of appeal or the appellate brief concerning the guilty portion.

2. Defendant did not submit a statement of the grounds of appeal within the submission period, and Defendant did not enter the grounds of appeal in the petition of appeal.

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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