정보통신망이용촉진및정보보호등에관한법률위반
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (one million won in penalty) of the court below is too unreasonable.
2. The judgment is based on the following reasons: (a) the defendant led to the confession of the crime; (b) the fact that the person with a third degree disability was judged by brain disease; (c) the fact that the person with a third degree disability was judged by brain disease is a favorable sentencing ground; and (d) the fact that the same criminal record was not agreed
In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.
3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That the court below’s application of the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. pursuant to Article 74(1)3 and Article 44-7(1)3 of the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, Etc. shall apply to “1. Relevant Article 74(1)3 and Article 44-7(1)3 of the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Amended by Act No. 12681, May 28, 2014); Article 74(1)3 and Article 44-7(1)3 of the Act on the Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc.).”