beta
(영문) 울산지방법원 2017.12.08 2017노1288

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, three years of suspended execution, 120 hours of community service, and 40 hours of mental and psychological lectures) against the Defendant on the summary of the grounds of appeal is unreasonable because it is too unfasible.

2. In light of the content of the crime, the period of the crime and the method of the crime, etc., the crime of this case is not good in light of the following: (a) the crime of this case was committed repeatedly for a considerable period of time without any reasonable reason, i.e., e., writing the victim’s malicious comments or rashing the victim; (b) the victim’s explanation of the false facts against the victim; and (c) the victim’s fears and fears were considerable; and (d) the degree of the victim’s reputation is not less and less than that of the victim’s reputation is unfavorable to the Defendant.

However, in full view of all the sentencing conditions indicated in the arguments in this case, including the defendant's age, sex, environment, circumstances after the crime, circumstances after the crime, and change of circumstances after the sentence of the judgment below, the sentence of the court below seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it is too unreasonable.

Therefore, 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 grounds that the appeal is without merit. It is so decided as per Disposition.