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(영문) 수원지방법원 2017.04.27 2017노1675

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

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The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and two months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the Defendant has no record of criminal punishment; and (c) the most likely to support the wife and her child;

However, the crime of this case was committed by taking advantage of the weak points of the victims who operated the illegal cover server, and the number of criminal acts is considerably poor. The defendant's participation in the development of a DNA attack program, DNA attack, cash withdrawal, etc. The defendant's period of committing the crime of this case is considerably less than one year and three months, and the victim also reaches 73 persons, and the total amount of the damage amount exceeds 95 million won, the damage was recovered or did not agree with the victims, and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive, and circumstances after committing the crime, etc., are considered, and thus, the defendant's argument is not reasonable. Thus, the defendant's argument is without merit.

3. In conclusion, 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.