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(영문) 서울중앙지방법원 2016.12.15 2016노3944

위치정보의보호및이용등에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won, confiscation) imposed by the lower court is too uneased and unreasonable.

2. In light of the content of the instant crime, the nature of the instant crime is not weak, and the Defendant has a considerable number of different criminal records.

However, in full view of the overall circumstances, such as the fact that one’s mistake appears to have been recognized and reflected, the fact that the victim does not want the punishment of the defendant, and the motive, means and result leading to the instant crime, the circumstances after the commission of the crime, the age, character and conduct of the defendant, environment, etc., and the conditions for the sentencing as shown in the records and pleadings, it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion because it is too unfas

3. Therefore, 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.