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(영문) 인천지방법원 2015.07.16 2015노479

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. The crime of this case was committed in bad faith by the Defendant posted and widely spread erroneous information about the family members of the Sewol ferry, and thus, the need to punish the family members of the Sewol ferry who lose their family by an unforeseen accident is greater. The Defendant did not agree with the victims or have made the victims with the truth (the Defendant posted a letter of apology with the victim after the crime of this case. However, in full view of the whole context, context, language, etc. of the letter with the apology, it is argued that the Defendant’s mistake was recognized as limited to the scarcityal calculation rather than the scarcity, and thus, it is difficult to view that the Defendant’s punishment is reasonable in view of the following facts: (a) the Defendant led to the confession of the Defendant; (b) the Defendant did not appear to have committed a crime of this case; and (c) the Defendant’s motive, character, and behavior, method, and conditions of suspended execution, etc.; and (d) the Defendant’s punishment of this case’s punishment is too inappropriate after considering the following circumstances: (c) the Defendant’s motive and circumstances of this case’s punishment.

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