정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In the event of the instant crime, the Defendant was under the influence of alcohol at the time of the instant crime, and was in a state of mental disorder or mental disability.
B. The sentence of the lower court’s unreasonable sentencing (the fine of eight million won) is too unreasonable.
2. Determination
A. According to the record, the defendant may recognize the fact of drinking immediately before the crime of this case. However, due to this, the defendant did not have the ability to discern things or make decisions at the time of the crime of this case.
Since it seems that the defendant did not have reached a state or weak, the defendant's defectiveness or mental disability claim is without merit.
On the other hand, the court below did not make any judgment on the defendant's argument during the trial of the court below that the defendant was in a state of mental disorder or mental disorder by drinking alcohol at the time of the crime of this case. However, according to the records, since it is recognized that the defendant was not in a state of mental disorder or mental disorder due to drinking at the time of the crime of this case, as seen above, the illegality of omission in the judgment of the court below did not affect the conclusion of the judgment, the judgment of the court below is not a ground for reversal.
B. Although there was a criminal record of a violation of the Punishment of Violences, etc. against Victims E, a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation), a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) and a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., punishment of a fine of two years of suspension of execution and a fine of two million won for the crime of this case during the period of suspension of execution, the defendant committed the crime of this case against victims during the period of suspension of execution
However, this case.