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(영문) 수원지방법원 2017.06.22 2016노5992

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In light of the content of the Defendant’s writing, insulting expressions, etc., the degree of defamation should be considerably more severe. The fact that the Defendant’s act of committing the crime, such as inserting an article of defamation against the victim on the Kakakakao Stockholm Section room, making the victim’s scario and the mother of the victimized person start up with such article, is very bad, and the victim appears to have suffered considerable mental pain by continuously notifying the injured person of the harm, and the fact that the damaged person’s damage was recovered and did not receive a letter from the injured person is disadvantageous to the Defendant.

However, in full view of various sentencing conditions in the records of this case, such as the Defendant’s age, sex, family environment, circumstances after the crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.