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(영문) 대전고등법원 2015.07.10 2015노150
주거침입등
Text

The judgment below

The guilty part and the part not guilty in fraud of January 20, 2014 shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

1. The lower court found the Defendant not guilty of the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) by April 9, 2014 among each of the facts charged in the instant case, and found the Defendant not guilty of the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) due to the statement of false facts on April 28, 2014 and May 18, 2014. However, the lower court found the Defendant guilty of the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) in relation to the crime

However, the prosecutor did not appeal all the part of the acquittal.

Therefore, the part concerning the violation of Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) on April 9, 2014, which was rendered not guilty among the above acquittal portion, shall be excluded from the scope of the judgment

Meanwhile, the part of the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) due to the statement of false facts as of April 28, 2014 and May 18, 2014, which was found not guilty on the grounds, was judged to be reversed together with the above guilty part in accordance with the principle of no appeal payment, by the defendant appealed the part of the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), which was related to the crime as of May 18, 2014. However, the prosecutor's non-appeal on the part of the above innocence exceeds the object of public defense among the parties, and the court did not

Therefore, the scope of this Court's trial is the part of not guilty as to the fraud by which only the defendant and prosecutor appealeded from the judgment of the court below.

2. Summary of grounds for appeal;

A. Defendant 1’s mistake of facts or misapprehension of legal principles.

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