정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
50. If the above fine is not paid:
1. The gist of the grounds for appeal argues that the defendant is too unaffortable that the punishment (a.5 million won of fine) declared by the court below is too unaffortable, and the prosecutor asserts that the sentence imposed by the court below is too unaffortable and unfair
2. The Defendant’s determination is an unfavorable circumstance to the Defendant, inasmuch as it revealed openly false information through an information and communications network, thereby impairing the reputation of the victim engaged in the business of operating a colorphone or lessons; the Defendant sent letters containing a red depth to the victim even after the instant case; and the Defendant was unable to receive a letter from the victim.
However, in light of all the circumstances, including the defendant's age, character and conduct, occupation and environment, family relationship, circumstance of each of the crimes of this case, circumstance of each of the crimes of this case, etc., the sentence imposed by the court below is somewhat unreasonable since it is recognized that the sentence imposed by the defendant is inappropriate because it is somewhat inappropriate, considering the following circumstances: (a) the defendant made confessions of each of the crimes of this case and is seriously against the defendant; (b) the defendant has no record of criminal punishment prior to the crime of this case; and (c) the defendant has purchased the colorphone from the victim up to the fluor to the fluor for a fluorction in order to learn the fluorction; (d) the defendant has been receiving various unfair treatment from the victim; and (e) the defendant has lost his workplace due to this case and was faced with poor economic difficulties.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
(An appeal by a prosecutor is without merit, but unless the decision of the court below is reversed by accepting the appeal by the defendant, it shall not be dismissed separately from the disposition).