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(영문) 전주지방법원 2013.12.13 2013노1077

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as the "fine 3,000,000") that the court below rendered is too unhued and unreasonable.

2. The crime of this case is deemed to have spread of a malicious program to an unspecified number of unspecified computers, and the nature and circumstances of the crime are bad, but there is no record that the defendant was punished for the same kind of crime, and the defendant recognized the crime of this case and seriously reflects his mistake. The crime of this case is committed by the defendant in order to prepare for a competitive company's DNA attack. Considering the fact that the defendant committed a crime of this case in the course of the crime of this case and other circumstances, which are the conditions for the sentencing of this case, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the defendant's punishment imposed by the court below is too unreasonable, and the prosecutor's above 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 ground that it is without merit. It is so decided as per Disposition.