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(영문) 대구지방법원 2016.05.12 2015노912

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (4 million won in penalty).

2. The judgment of the defendant recognized the crime of this case and reflects the fact that the defendant did not have the same criminal record, etc., but there is no change in circumstances that could change the punishment that the court below decided against the defendant.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, background and means of the instant crime, circumstances after the instant crime, etc., and all of the sentencing conditions indicated in the instant case’s records and the previous theories, and in light of sentencing precedents in similar cases, the sentence of the lower judgment seems to be reasonable and is too unreasonable.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that it is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, “Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.” in the application of the statutes of the lower judgment as “the former Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. (amended by Act No. 14080, Mar. 22, 2016)” is amended.