(영문) 인천지방법원 2014.04.10 2013노3802 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2014.04.10 2013노3802

정보통신망이용촉진및정보보호등에관한법률위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Mes, e-mail, etc. sent by the Defendant for misunderstanding of facts are not expressions that cause fear or apprehension.

B. The lower court’s sentence (two million won of fine) imposed by the Defendant on the Defendant of unreasonable sentencing is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in indictment with the contents of the facts charged as stated in the following facts in the judgment of the court below. Since this court permitted this, the judgment of the court below, which is based on the initial facts charged, cannot be maintained any more.

However, the above argument of mistake of facts is still subject to the judgment of this court, and this is examined separately in the following "the judgment of the defendant's assertion".

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

On October 17, 2011, the Defendant maintained a e-mail with the victim E (the age of 47 and female) and from November 2010 to Canada for several months. On October 17, 2011, the Defendant followed the victim’s text and text “I want to make the victim E in the face of the disaster, and I wish to make the victim E in the face of the disaster. If so, I would like to do so. However, even if I would like to do so, I would like to end this e-mail. I would like to say that I would like to end this e-mail, from that time to December 25, 2011, from that time, the Defendant reached the victim repeatedly 19 times in total, as indicated in the attached list of crimes, from December 25, 2011.

Summary of Evidence

1. Legal statement of witness E;

1.With respect to E, F.

참조조문

-형사소송법 제364조 제2항

유사 판례

-인천지방법원 2013.02.15 2012고정3311

-대법원 2013.12.12 2013도7761

-인천지방법원 2013.06.21 2013노742

-대법원 2013.12.12.선고 2013도7761 판결

-대구지방법원 2017.04.12 2017고정474