정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal by the defendant is that the punishment of the court below (two months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.
It is necessary to punish the accused strictly considering the fact that the accused has damaged or insulting the reputation of the victim by inserting false writing on several bulletin boards without any basis, and the victim has suffered considerable mental suffering.
However, in light of the fact that the Defendant seems to unfoldly write a malicious writing on the Internet bulletin board, and that it seems that it would be difficult for the Defendant to implement the community service order as it is not good for the Defendant to take account of the following factors: (a) from the time of undergoing the police investigation, the Defendant’s act was frightened, and reflects his depth; (b) the Defendant voluntarily deleted the article at issue after undergoing the police investigation; (c) there was no criminal power against the Defendant; and (d) the Defendant suffers from the dives-bris, which is the dives-related disease; and (c) the Defendant suffers from the dives-related disease; and (d) the Defendant’s health condition is difficult to implement the community service order. In addition, taking into account the various sentencing conditions shown in the instant pleadings, such as the method of the instant crime
Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.
Criminal facts
The summary of the facts and evidence recognized by this court is identical to those stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Article 311 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.