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(영문) 울산지방법원 2016.11.24 2016노1457
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too minor or unreasonable;

2. The Defendant committed the instant crime even though he/she had a record of criminal punishment of the suspended sentence of imprisonment for the same crime, and the Defendant committed the instant crime during the period of the suspended sentence, the victim of the instant crime is ten and the victim is up to 92 times, which is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) appears to have not acquired economic benefits by exchanging into the invaded cyber money in the account; and (c) the Defendant was sentenced to two years of suspension of imprisonment for six months as a crime of fraud in the Port Branch of the Daegu District Court on July 16, 2015, and the judgment became final and conclusive July 24, 2015; (b) the instant crime ought to take account of equity with the case where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive; and (c) other circumstances that form the conditions for the instant sentencing, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant offense; and (d) circumstances before and after the instant offense, etc., and thus, the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the Prosecutor’s aforementioned assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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