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(영문) 인천지방법원 2016.11.02 2016노2733
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (not guilty part of the judgment of the court below) may be deemed to have reached the victim’s victim’s photograph, writing, etc., posted on the D page of the accomplice. Nevertheless, the court below which acquitted this part of the charges on this part, erred by misapprehending the facts or by misapprehending the legal principles. 2) The above sentence of the court below on the grounds of unfair sentencing is too un

2. Determination

A. A. An ex officio determination prosecutor maintained the facts charged in the instant case as the primary facts charged, and subsequently, the name of the offense was “violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation)”, “Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Distribution of obscenity)”, “Articles 70(2), 74(1)2, and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”, “an application for changes in indictment made on October 6, 2016, adding the facts charged as stated below,” and the judgment below was modified by this court’s permission, thereby making it impossible to maintain the same.

However, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, which will be examined below.

B. On November 30, 2015, the summary of the facts charged in this part of the judgment of the prosecutor's assertion of mistake of facts and misapprehension of the legal principles is that the defendant, the Internet site operator of D'E's "E" page, and the victim's personal body pictures and sexual intercourses in E's pictures, the victim's personal body pictures and E's sexual intercourses C's substance on E', the F2', and the plaintiff's f's c't have to fl't fl't fl't fl't fl't fl't fl't fl', and the plaintiff's fl's fl't fl't fl't fl't fl'

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