2015No654 Defluence

X. (67 - 1), celebling

Housing Dobong-gu Seoul Metropolitan Government Dobong-dong

Prosecutor

Freeboard (Lawsuits) and the outer order (Trial)

Attorney Park △-△△ (General)

Seoul Northern District Court Decision 2014Da4652 Decided April 9, 2015

July 17, 2015

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

To order the defendant to be put on probation.

1. Summary of grounds for appeal (unfair sentencing)

Punishment (the fine of KRW 3,00,000) declared by the court below is too unhued and unfair.

2. Determination

Although there are no circumstances considering the circumstances such as the confession of the Defendant’s crime and the absence of criminal records of the same kind or imprisonment with prison labor, each of the crimes of this case, which the Defendant posted a malicious writing using the expressions harming and harming the victims of the Sewol ferry sinking accident (SNS) in social network services, has a substantial impact on the nature of the SNS, and the contents and expressions of the above text are not only on the victims but also on the general public who are adjacent to the above article.

From this point of view, the nature of the crime is very serious, and each of the above crimes was committed repeatedly three times, and the victims who had been lost due to the death of their children seems to have suffered more serious mental harm than the above crimes. Nevertheless, considering the fact that the defendant does not seem to have committed a genuine crime against the victims, the defendant is likely to commit a similar crime in the future, the defendant's age, character and behavior, environment, circumstances and results of the crime of this case, and all of the sentencing conditions of this case, such as the circumstances of the crime, it is judged that the continuous guidance and supervision through probation are more effective methods to prevent the same kind of crime, rather than fine, and the judgment below's punishment is unreasonable.

3. Conclusion

Therefore, the prosecutor's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts and summary of evidence

The summary of the facts constituting an offense and the evidence recognized by this court is the same as that of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 311 of each Criminal Code, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of Grounds for Destruction)

1. Probation;

The main sentence of Article 62-2(1) and (2) of the Criminal Act

Judges Kang Jae-chul

Judges Laos

Judges Cho Jae-sung