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(영문) 춘천지방법원 강릉지원 2017.03.21 2016노515
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault against the defendant for forty hours.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

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

The lower court held that the factual defamation among the facts constituting the crime under Article 2 of the lower judgment’s holding, is a person who is the J, along with a photograph showing the victim to H around August 21, 2016.

Although Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. is applied to a person who is aware of this female, Article 70(2) of the same Act was applied to the said female.

The judgment of the court below is erroneous in the application of statutes.

3. The court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that there are grounds for reversal ex officio as above, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act (the Defendant’s photograph and article on the victim’s list in H). According to the evidence of the court below, according to the court below, the Defendant conspired with his wife to commit an offense as provided in paragraph (2) of the judgment of the court below may be acknowledged). The application of statutes

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under each of the pertinent provisions of the Act on the Punishment, etc. of Sexual Crimes (the point of using, photographing, or providing a camera, etc.), Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (the point of displaying obscene materials), Article 70(2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (the point of false factual defamation), Article 70(1) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (the point of factual defamation).

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