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(영문) 대구지방법원 2017.11.03 2017노2428

정보통신망이용촉진및정보보호등에관한법률위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of imprisonment with prison labor for a year, two years of probation, community service, and confiscation) is too unreasonable.

2. The judgment of the Defendant is recognized as having no record of punishing the Defendant for the same kind of crime, and having no actual gains, etc., but it appears that the Defendant could have sufficiently anticipated that the access media that the Defendant lent could be used for illegal purposes. The amount of leaked personal information is significant, and where personal information is leaked, it is highly likely that it would be used as a means of secondary crime, and thus, it is necessary to punish the Defendant to eradicate such social harm. In full view of all the sentencing conditions shown in the argument of the instant case, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

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