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(영문) 부산지방법원 2013.05.23 2013노342

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of fine) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant’s number of intrusion into the instant information and communications network reached 571 times; (b) the Defendant’s number of intrusion into the instant information and communications network has not reached 571 times; (c) the Defendant’s health is not good; and (d) the Defendant’s damage is not relatively large; and (c) the lower court appears to have reduced the fine amount notified by the summary order (5 million won) in consideration of such circumstances; (d) the Defendant’s motive and background leading up to the instant crime; (e) the Defendant’s age, character and conduct, and environment; and (e) other circumstances, which are conditions for the sentencing specified in the instant records and pleadings, are considered appropriate.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.