(영문) 광주지방법원 2017.09.20 2017노1222 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.09.20 2017노1222

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (obscenity’s obscenity) 1) misunderstanding the fact that the Defendant merely listened to the sound emitted by the Victim F, which was in the next column of the toilet, and did not have exposed to the sexual organ, and the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (the imprisonment of four months, the suspension of the execution of two years, the community service order 160 hours, and the order to attend a sexual assault treatment lecture 40 hours) is too unreasonable.

B. Prosecutor 1) The main facts charged against violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) are as follows: (a) although the Defendant sent the text message to its members around February 1, 2016 to H An apartment housing reconstruction and improvement project association (hereinafter “the association of this case”) on or around February 1, 2016, it was false, the lower court acquitted the Defendant of this part of the facts charged, which affected the remainder of the judgment.

B) On February 1, 2016, the Defendant sent a text message to the members of the instant association with the intent to defame the Victim K, but the lower court acquitted the Defendant of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine on the charge of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., thereby adversely affecting the conclusion of the judgment.

2) The lower court’s sentence that is unfair in sentencing (the point of obscenity) is too unfortunate and unfair.

2. Determination

A. On the grounds delineated below, the lower court found the Defendant guilty of this part of the facts charged.

B) The Defendant and his defense counsel, from the male toilets of the toilet of this case, the Defendant sent out to the female toilets next to the Defendant.

유사 판례

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