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(영문) 서울서부지방법원 2018.05.03 2017노1698
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

On the grounds of appeal, the Defendant asserted that the lower court erred by mistake of facts by asserting that the content of the text message No. 33 of the crime sight No. 33 in the judgment below did not send the victim, but sent the victim to the Defendant.

In that sense, according to the evidence duly adopted and examined by the court below, it is recognized that the above text message was sent to the victim by citing the content of the text message that the defendant received from the victim as it is (the 59th page of the evidence record). The prosecutor supplemented and corrected the text message No. 33 in the above crime sight table to the extent that the defendant added the text message of the above crime No. 33, and then the defendant withdrawn his assertion of mistake on the second trial date.

2. Determination

A. The prosecutor’s correction of the facts charged refers to the contents of the list of crimes Nos. 33 in the attached Form No. 33 in the judgment of the court below as stated in the judgment of the court below, and so long as the law

Beforematha Happa Happa Happa Happa Happa Happa Happa

각자 가족에 경찰 변호사 다 잇죠

It is necessary to deal with each other as the law, and if the content of the case is also applicable to the appeal from the appeal to the appeal, it can be a misrepresentation of the police lawyer.

From one point to one another, there was a misunderstanding between the two.

“Application for Amendments to Bill of Indictment” was filed, and this Court was permitted at the second trial date.

Therefore, the judgment of the court below is not reversed ex officio on the ground of the permission of modification of indictment since the above amendment of indictment clearly stated the error of indictment, and there is no disadvantage to the defendant's exercise of his right to defense, and it does not actually change the subject of trial. However, it is 3-3 of the list of crimes as shown in the judgment of the court below regarding it as correction of charges

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