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창원지방법원 2015.02.11 2014노2344
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have sent the victim the words stated in paragraphs (1) and (2) of the original judgment.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, namely, ① the victim consistently stated that the Defendant sent text messages as stated in paragraphs (1) and (2) of the facts constituting the crime as indicated in the lower judgment on December 20, 2012 with handphones of the victim, and ② the victim submitted photographs of sending text messages to the victim on December 20, 2012, and the contents of the text messages correspond to the victim’s statement (Evidence No. 43 pages), can be acknowledged that the Defendant sent the victim letters to the victim under paragraphs (1) and (2) of the facts constituting the lower judgment.

B. As to the assertion on unfair sentencing, the instant crime committed by the Defendant on the grounds of the allegation on unfair sentencing reached the victim’s text and text that arouses fear or apprehensions on six occasions from December 20, 2012 to April 1, 2013 repeatedly. As such, the Defendant’s acknowledgement of a part of the crime and the Defendant’s mistake against the Defendant is favorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant was sentenced to a fine of KRW 500,00 for the same crime at the Busan District Court on November 26, 2013; (b) the Defendant did not agree with the victim; and (c) the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, means and consequence; and (d) the circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is too unreasonable.

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

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