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(영문) 수원지방법원 2017.07.27 2017노2793

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (the 500,000 won suspended sentence as to the penalty) is too unhued and unreasonable.

2. The following facts are that the Defendant posted this case’s defamation on the Internet page that has a high radio wave, and that the Defendant did not agree with the victim, etc. is disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant acknowledges and reflects all of his/her criminal acts; (b) the first offender; (c) the victim appears to have committed the instant crime in the process of criticism against the posting comments made by G and H; (d) the extent of the instant defamation in light of the content and the method of expression written by the Defendant; (b) the degree of the defamation in light of the content and the method of expression, etc. of the Defendant’s writing is relatively heavy; and (c) the victim appears to have made efforts to express and reach an agreement with him/her; and (d) other factors of sentencing as indicated in the records of the instant case, including the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime; (c) means and method of the crime; and (d)

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