(영문) 수원지방법원 2019.06.12 2019노1119 | 리걸엔진

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(영문) 수원지방법원 2019.06.12 2019노1119

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

The judgment below

The guilty part (including the innocent part) shall be reversed.

A defendant shall be punished by a fine of 700,000 won.

Reasons

1. Scope of adjudication of this court;

A. The lower court rendered a not-guilty verdict on the violation of the Personal Information Protection Act among the facts charged in the instant case, and the prosecutor failed to file an appeal against this, thereby separating and became final and conclusive as they are.

Therefore, it is not included in the scope of the judgment of this court.

(1) As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), which was prosecuted for a single comprehensive offense, the lower court rendered a not guilty verdict on the part of the crime list 1 No. 20,21,28 attached to the lower judgment, and the part of the remaining facts charged (excluding Nos. 1, 20, 21, and 28 of the crime list attached to the lower court, and the part of the attached Table 2 of the lower court’s judgment, and the part of the crime list No. 2 of the crime list attached to the lower court, hereinafter “the part concerning the defamation caused by a false fact”), and sentenced to a fine of two million won by recognizing only the portion

(2) Furthermore, the lower court found the part of the facts charged of the instant case’s defamation as guilty, and acquitted the Defendant on the grounds that the part of the “Defamation due to the publicly alleged fact” was not guilty.

(3) The only defendant appealed against the guilty portion (the guilty portion), and the prosecutor did not appeal against the acquittal portion on the grounds.

In such cases, the non-guilty portion of reasons is also subject to the trial at the same time, but the non-guilty portion has already been relieved of the object of the trial by getting out of the object of attack and defense between the parties.

Therefore, the conclusion of the judgment of the court below is followed with respect to the portion not guilty, and this court does not decide separately.

2. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

3. Determination

A. The sentencing becomes a condition for sentencing stipulated in Article 51 of the Criminal Act, based on the statutory penalty.

참조조문

-정보통신망 이용촉진 및 정보보호 등에 관한 법률

-형법 제51조

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