logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.08.08 2019노243
폭행치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and suspension of qualifications for one year.

except that this judgment.

Reasons

The part concerning the violation of the Protection of Communications Secrets Act among the facts constituting the crime of the lower judgment by misapprehending the legal doctrine cannot be found guilty on the ground that there is no supporting evidence other than the confession of the Defendant.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.

The sentence of unfair sentencing (one year of imprisonment, suspension of qualifications for one year, and suspension of two years of imprisonment) of the lower court is too unreasonable.

An ex officio determination prosecutor filed an application for changes to an amendment to an indictment with the content that the date and time of the offense under paragraph (1) of the facts charged was changed from December 10, 2017 to December 27, 2017, “from December 10, 2017 to December 27, 2017.” Since the same is changed by this court’s permission, the relevant part of the judgment of the court below is no longer maintained.

Furthermore, the revised facts charged should be sentenced to a single sentence in relation to the crime of defamation, bodily injury by assault and other concurrent crimes under the former part of Article 37 of the Criminal Act, which the court below found guilty. Therefore, the judgment below should be reversed in

In conclusion, the judgment of the court below is based on the above reasons for ex officio reversal, without examining the legal principles of the defendant and the argument of unfair sentencing, and is again decided as follows.

(1) As to the assertion of legal scenarios, the following items are examined. [The grounds for multiple rulings] Criminal facts and summary of evidence acknowledged by the court and summary of evidence are the same as that of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 16(1)1 of the former Protection of Communications Secrets Act (amended by Act No. 15493, Mar. 20, 2018) (amended by Act No. 15493, Mar. 20, 201); and Article 307 of the Criminal Act provides that “The recording of conversations between others, which is not disclosed, and the punishment of imprisonment and suspension of qualification is concurrently imposed)”

arrow