정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant’s depth reflects on the Defendant, and that the instant crime committed by the Defendant was committed in an imminent way with the intent to care for the victim’s mind, and that the Defendant did not contact with the victim, which led to a lack of possibility of re-offending, and that the Defendant did not have any criminal record of a fine or heavier punishment, the sentence sentenced by the lower court (two years of suspended sentence in June) is too unreasonable.
B. In light of the following: (a) the Defendant appears to have suffered fear and fear of the victim due to the instant crime committed by the public prosecutor; (b) the Defendant was punished for the same offense around around 2007; (c) the Defendant appears to have been in mind to have been issued a summary order by intrusion upon the victim’s residence even after the instant crime was committed; (d) the need for confinement of the Defendant for a certain period is high; (b) the victim strongly sought punishment; and (c) the Defendant was in bad statutory attitude, which was visible from the date of the lower judgment; and (d) the Defendant was in bad.
2. Although the Defendant was punished by a fine for a crime similar to the instant crime on around 2007, the Defendant committed the instant crime by repeatedly transmitting the message and photograph that arouses fear and apprehension to the victim, and by committing the act of infringing upon the victim’s residence or attempting to contact the victim even after the commission of the crime, thereby getting the victim to suffer considerable apprehension and mental shock.
On the other hand, the defendant is in profoundly against the crime of this case and when it comes to a serious trial, and the injured party expressed his intention that he does not want the punishment of the defendant by mutual agreement with the victim.
In addition, the age, sex, environment, motive, means, and consequence of the crime of the defendant, including those favorable or unfavorable to the defendant.