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(영문) 창원지방법원 2016.06.16 2016노200
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (five million won in penalty) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. We examine the judgment, the fact that the defendant repeatedly committed the crime 71 times between approximately 2 weeks, the defendant did not agree with the victim, the fact that the crime was committed during the period of repeated crime is an unfavorable sentencing ground, and the fact that the defendant led to the confession of the crime while committing the crime, and that the defendant deposited KRW 4 million for the victim is an favorable sentencing ground.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed reasonable, and the Defendant and the Prosecutor’s assertion are without merit.

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

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