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(영문) 서울남부지방법원 2017.11.17 2016노2490
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. In full view of the circumstances that the lower court rendered on the grounds of sentencing (such as the process of transmitting the relevant message to the sender, the fact that the sender was less likely to spread in light of the other party’s transmission, the fact that the message was immediately posted to the group hosting, and the fact that there was only two times a fine for this type of fine) and all of the sentencing conditions in the instant records and arguments, including the fact that there was no change in the circumstances after the lower court, the sentence imposed on the Defendant is deemed appropriate, and thus, it cannot be deemed unfair, as it is too unreasonable. Therefore, the Prosecutor’s assertion is without merit.

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

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