정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. The lower court, without properly verifying the facts, sentenced the Defendant to a fine of KRW 5 million in consideration of each of the favorable circumstances, taking into account the following factors: (a) the Defendant’s recognition of all of the instant crimes and reflects the fact that the Defendant has committed the instant crimes; (b) the motive and circumstance leading up to the instant crimes; and (c) the fact that the Defendant has no record of the crime; and (d) the Defendant has no record of the crime.
In light of the sentencing conditions acknowledged by the court below, since the sentence of the court below appears to be within the reasonable scope of discretion, and there is no particular change in the sentencing conditions compared to the court below at the time of the trial, it cannot be deemed that the sentencing of the court below is too uneasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.