beta
(영문) 부산지방법원 2015.12.18 2015노3319

정보통신망이용촉진및정보보호등에관한법률위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the punishment of the original judgment (ten months of imprisonment and two years of suspended execution, community service work 240 hours) is too unhued and unreasonable.

2. The court below held that even though the period of the instant crime is relatively long and the nature of the crime is not weak in light of the substance of the instant crime, the defendant's profits acquired by the instant crime are not significant, and that the victim company wants to punish the defendant, it is recognized that the defendant is the primary offender and is a undergraduate university student, and that the defendant did not repeat the instant crime, and that the court below deposited 40 million won for the victim company, and that the defendant deposits the amount equivalent to the 40 million won for the victim company, and is fully paying additional damages, the defendant expressed his intention to transfer the claim for return of the fund (as of May 20, 2015, KRW 121 million, maturity: February 20, 2016) that he purchased with the profits acquired by the instant crime to the victim company.

In full view of the following: (a) six months of imprisonment with prison labor and two years of suspended sentence; (b) four months of imprisonment with prison labor for G; and (c) one year of suspended sentence; and (d) the circumstances in which G became final and conclusive upon being sentenced to one year of suspended sentence; and (b) other matters concerning the sentencing specified in the records and arguments of the instant case, including the circumstances leading to the instant crime; (c) character and conduct of the Defendant; (d) circumstances after

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.