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(영문) 서울동부지방법원 2014.11.21 2014노875

정보통신망이용촉진및정보보호등에관한법률위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.

2. The judgment was made in depth and against the defendant's mistake, there are some favorable circumstances for the defendant, such as the defendant's motive and circumstance leading up to each of the crimes of this case, there are no records of punishment for the same kind of crime, and the defendant's current health is not good and it is considerably difficult to economic situations due to lack of any specific income. However, the court below seems to have partially reduced the fine prescribed in the summary order considering such circumstances, and there are not many times of sending text messages causing fears or apprehensions, and there are no other unfavorable circumstances such as the number of times of sending text messages causing fears or apprehensions, the number of times of insulting the victims, and the fact that the defendant did not receive a letter from the victims or agreed to do so even until now, and the contents, method and result of each of the crimes of this case, the circumstances, age, character and behavior of the defendant, intelligence and environment, etc., the above argument by the court below against the defendant cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.