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(영문) 광주지방법원 2018.12.19 2018노2963
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the instant crime.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, it is recognized that the Defendant had received a mental and medical treatment due to editing illness, etc., but in light of the background of the crime of this case and the overall circumstances revealed in the argument of this case, such as the Defendant’s act before and after the crime of this case, the Defendant had the weak ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant's wrong judgment on the unfair argument of sentencing is divided into his or her own mistake, the defendant has no criminal record exceeding the fine, and the defendant has received medical treatment due to editing injury, etc.

However, the crime of this case is not good, the defendant committed the crime of this case again despite the fact that he had been punished by putting the same crime against the same victim, and even though the mental damage suffered by the crime of this case seems to be considerable, the damage recovery or agreement is not reached up to the trial. In addition, taking into account the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the argument of this case such as the defendant's age, sex and environment, motive, means and consequence of the crime, the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is not justified.

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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