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(영문) 대전지방법원 2017.09.07 2017노147
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The defendant does not pay the above fine.

Reasons

1. The sentence (2,00,000 won) imposed by the lower court on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records of this case revealed that the defendant was sentenced to eight months of imprisonment by the Gwangju District Court on October 27, 2016 due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on December 23, 2016, and the above judgment became final and conclusive on December 23, 2016. As such, the crime of this case committed prior to the final and conclusive judgment is in a concurrent relationship with the crime of violation of the Punishment of Violences, etc. Act (joint injury) for which the judgment became final and conclusive, and the crime of this case committed prior to the final and conclusive judgment is determined after examining whether to reduce or exempt the punishment by taking into account equity with the case where the judgment is rendered simultaneously pursuant to Article 37 (1) of the Criminal Act. Thus, the judgment below which did not take such measures

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed, and it is again decided as follows after pleading.

【Grounds for another judgment】 The first head of the lower judgment’s criminal facts and summary of the evidence acknowledged by the court below are as follows: (a) except for adding “The Defendant was sentenced on October 27, 2016 to eight months by imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on December 27, 2016, and the said judgment became final and conclusive on December 23, 2016,” and thus, it is identical to each corresponding column of the lower court’s judgment, thereby citing it as is in accordance with Article 369

Application of Statutes

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting a crime and Article 70 of the same Act and the selection of fines;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39, Paragraph 1.

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