정보통신망이용촉진및정보보호등에관한법률위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence (one million won of the penalty surcharge) is too unhutiled and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
There are circumstances that may be considered in light of the circumstances.
Even if there is a serious damage to the social evaluation of the victim by knowing the victim's unknownness to the victim's workplace ward fee, the birthist, etc. of the victim.
On the other hand, the fact that the defendant has a big mental impulse due to his spouse's misconduct and seems to have reached the crime of this case, and that there is no record of criminal punishment until now is favorable to the defendant.
In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.