전기통신사업법위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is as follows: Each sentence (Defendant A: fine of KRW 5 million, Defendant B, and Defendant C: each fine of KRW 2 million) against the Defendants is too excessive and unfair (the Defendants explicitly withdrawn their arguments to the effect that they dispute intentional or unlawful recognition on the second trial date). 2. Circumstances favorable to the Defendants are as follows.
Defendants are in depth divided into the crime of this case and are against the law.
Defendant
A and C are primary offenders who have no record of criminal punishment, and Defendant B has no record of criminal punishment except for those who have been sentenced to a fine once due to drinking.
The defendants seems to have economic difficulties.
However, the lower court appears to have determined a sentence by taking account of the circumstances favorable to the Defendants as above, and there was no change of circumstances that could change the sentence of the lower court when the circumstances unfavorable to the Defendants, such as the fact that the mobile phone opened to the instant crime was used as a phone for another crime and that there was a great social harm and injury, and taking account of the Defendants’ age, sex, career, environment, circumstances and consequence of the instant crime, and all of the sentencing conditions indicated in the record and the changed theory, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendants cannot be deemed unfair as it is too unreasonable.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.