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(영문) 서울북부지방법원 2015.11.26 2015노1686
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall be imposed on the defendant.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed each of the prosecution as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and intimidation, and convicted each of the charges of obstruction of performance of official duties, and the Defendant appealed only to the guilty part.

Therefore, since the dismissal part of the judgment of the court below is separated and confirmed as the parties did not appeal, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

3. The judgment of the court below is that although the defendant was punished by imprisonment with prison labor and the suspension of the execution of imprisonment with prison labor for the same crime as the crime of this case, the defendant committed the crime of this case without being aware of the defendant during the repeated crime period after the execution of the sentence was completed, and the defendant committed the crime of this case without being aware of the defendant's wife during the repeated crime period. The crime of this case is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and there is a need to severely punish the defendant. However, the defendant's mistake is recognized, and the defendant 95 years of age who was 95 years of age who was unable to move from the injury of the bones, and the degree of interference with the execution of official duties of this case, which was committed by drinking, is very serious. The court below deposited 850,000 won for the police officer, who is the other party to the crime of this case, and the mother of the defendant tried to guide the defendant not to commit the crime again, and the defendant's motive, circumstances, career and circumstances before and circumstances of this case.

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