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(영문) 대구지방법원 2016.07.08 2015노1289
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (three years of suspended sentence in one year and six months) on the summary of the grounds of appeal is too unfased and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

In the first instance trial, the Prosecutor: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the facts charged in the instant case as “special injury”; “Violation of the Punishment of Violences, etc. Act (damage, etc. to a group of deadly weapons)” as “damage to special property”; “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act, “Article 258-2(1) and Article 257(1) of the Criminal Act,” and “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act; Article 366(1)1 of the Criminal Act; Article 366 of the Criminal Act, “Article 369(1) of the Criminal Act; Article 366 of the same Act,” and Article 36 of the same Act, the same shall not apply to the amendment of the contents of the Criminal Act as “Article 36(2)4) of the Criminal Act.”

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows: 3. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and Violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) (a property damage, etc.) 3. Special Bodi injury and damage to special property (a change to another person) are the same as the corresponding column of the judgment of the court below. Thus, all of them are cited pursuant to Article 369 of the Criminal

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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