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(영문) 제주지방법원 2014.10.23 2014노126

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. In full view of various circumstances, including D’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstance before and after the instant crime, the Defendant’s punishment against the Defendant is too unreasonable, taking into account the following circumstances: (a) the Defendant placed advertisements on the Plaintiff’s Internet homepage to advertise the other party’s goods; (b) when the advertisements posted on the D’s Internet homepage were deleted, the Defendant committed the instant crime; (c) D’s immediately re-issues the password through the web hosting company; and (d) the Defendant appears to have been subject to criminal punishment by committing the instant crime; (d) the Defendant was sentenced to a fine of KRW 100,00 as a result of the violation of the Establishment of Homeland Reserve Forces Act in around 191; and (e) the Defendant’s age, character and conduct, background, and circumstance leading to the instant crime; and

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.