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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case was committed on the basis of the following circumstances: (a) the Defendant has repeatedly reached the language causing fears and apprehensions to the victims; and (b) has damaged the honor of the victims by openly pointing out false facts through an information and communications network for the purpose of slandering the victims; and (c) has abused the victims; and (d) has considerably poor quality of the crime in light of the method and content of the crime.
However, in light of the following: (a) the Defendant led to the entire confession of the instant crime and reflects his mistake; (b) the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., the Defendant did not have any other criminal records except for a fine of one million won, due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.; (c) the victims and victims wish to take the Defendant’s wife against the Defendant by mutual consent; and (d) the Defendant’s age, career, character and behavior, environment, motive and background of the instant crime, means and method of the crime, method and consequence of the crime; and (e) the sentencing conditions indicated in the pleadings of the instant case, such as
Therefore, the defendant's above assertion is justified.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.
Criminal facts
The summary of facts and evidence acknowledged by this court is as follows: (a) the violation of Act on Promotion, etc. of Information and Communications Network Utilization and Information Network Utilization and Information Protection, etc. (Defamation) by 7 lines under the 2nd sentence of the judgment of the court below is identical to each corresponding column of the judgment below except for the violation of Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection
Application of Statutes
1. Criminal facts;