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(영문) 부산지방법원 2019.10.17 2019노2106

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (the fine of KRW 300,000) is deemed to be too unhued and unfair.

2. The crime of this case is recognized as a case where the defendant sent text messages to the victim who was dissatisfied with the problem of the operation of Pyeongtaek apartment complex, creating uneasiness over 10 times for 4 days, and it is not good in the nature of the crime and is not receiving suspicion from the victim.

However, in full view of the following: (a) the Defendant’s mistake is heavily against the victim; (b) efforts have been made to compromise with the victim; and (c) the Defendant’s age, motive and process of the crime; and (d) the conditions of all kinds of sentencing as shown in the argument of the instant case, such as the circumstances after the crime, etc., the lower court’

The prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor'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.