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(영문) 서울중앙지방법원 2017.09.14 2017노2071
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one hundred months of imprisonment) is too unreasonable.

Judgment

The crime of this case is sent to the customer employee with false e-mail with the purport that the defendant has a complaint with the victim company that he had employed, and that the vice president of the victim company has made a distribution to the customer by suggesting to the competitor the products that have not been released from the customer.

In other words, it has interfered with the business of the victim company and impaired the honor of the vice president.

The defendant, from the investigative agency to the sixth public trial of the court below, continuously denied the crime, but did not appear on June 27, 2016 from the seventh public trial date (the trial date).

On April 10, 2017, the Defendant appeared on the 111st public trial date and was detained in court. On April 10, 2017, the Defendant led to confession of the crime at the 12th public trial date.

Although the defendant was the first offender, the 12th trial of the court below was delayed after the date of the 12th trial of the court below, the crime of this case occurred in the defendant's malicious intent, the degree of interference with business, such as the decrease in sales of the victim company, and the defendant's attitude is bad, such as the defendant's failure to attend the court for a long time.

The scope of the recommended punishments according to the application of the sentencing criteria shall be as follows:

[Scope of Recommendation] In full view of all the conditions of sentencing, including the Defendant’s age, sexual conduct, environment, and circumstances after the crime, etc., the lower court’s punishment is determined within the scope of the sentencing discretion, and it cannot be said that it is unfair because it is too inappropriate and too unreasonable.

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

However, the name of the crime of the column of the case in the judgment below.

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