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(영문) 울산지방법원 2016.04.07 2015노1578

위치정보의보호및이용등에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the defendant's punishment (five million won in penalty) declared by the court below.

2. The instant crime is deemed to have been committed by the Defendant with a location tracking device installed in the motor vehicle of a woman-friendly Gu for more than one month, and the quality of the instant crime is not good in light of the details and circumstances of the crime.

However, in full view of the fact that the defendant divided the defendant's wrong and again does not have access to the victim, that the defendant has no criminal records of the same kind and suspended execution, and that there are other circumstances in the records and arguments, such as the defendant's age, sex, environment, and circumstances after the crime, the punishment imposed by the court below is too uneasible and unfair.

Therefore, prosecutor's assertion 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.