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(영문) 대전지방법원 2017.07.07 2016노3060
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The judgment that the Defendant recognized and reflected the instant crime, that is the primary offender, and that the instant crime was committed in the course of hedging the Defendant and the victim as a tobacco student, and there are some circumstances to take into account in the process of the instant crime.

The fact that the position appears is the favorable situation.

However, the nature of the crime in this case is minor in light of the contents, period, and method of the crime in this case.

It is difficult to see, the fact that the victim was suffering from a considerable mental suffering, and the fact that the victim did not agree with the victim and the victim was able to punish the defendant is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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