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(영문) 수원지방법원 2018.02.22 2017노5775
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The lower court rendered a judgment of conviction against the Defendant on the grounds that the Defendant submitted a written withdrawal of a complaint to the effect that he/she does not want the Defendant’s punishment after instituting some of the facts charged in the instant case 2014, 2015, 2015, 1191, 2014, 2829, and 2015, 632, and rendered a judgment of acquittal as to some of the facts charged in the instant case among the 2014, 2014, 2015, 2468, 2015, 2015, and 1191, 2015, 2015, 2015, and 2467, the lower court acquitted the Defendant on the grounds that the lower court erred by misapprehending the legal principles as to each of the above facts, and by misapprehending the legal principles as to each of the facts charged, and by misapprehending the legal principles as to each of the facts charged in the instant case.

However, according to the statement of reasons for appeal, it is clear that the prosecutor does not dispute the dismissal part of the judgment below for reasons of mistake of facts, misunderstanding of legal principles, or misunderstanding of sentencing.

Therefore, since the dismissal part of the above public prosecution which did not appeal both the defendant and the prosecutor is separated and confirmed, this part is excluded from the scope of the trial in this Court.

2. Summary of reasons for appeal;

A. (1) As to the conviction of the Defendant (as to the conviction of the Defendant) and the misapprehension of the legal doctrine, 2014, 2468, the evidence submitted by the injured party together with the complaint was modified, and (ii) the Defendant was drafted.

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