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(영문) 서울중앙지방법원 2016.06.23 2016노1237
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (6 months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too uncomparably unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

The defendant committed a similar crime against the same victim without being sentenced to a two-year suspended sentence for four months as a result of the crime, and again committed the crime of this case during the suspended execution period, and the defendant seems to have committed a serious mental harm to the victim by leaving about 100 letters and 10 voice messages and 10 voice messages from the date immediately after the above judgment became final and conclusive to the date of detention in this case, is disadvantageous to the defendant.

On the other hand, the defendant would no longer contact the victim.

In full view of the fact that one's mistake is recognized and reflected in his or her mistake, and all of the sentencing conditions in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the court below against the defendant cannot be deemed too heavy or unreasonable because it exceeded the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. According to the conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Provided, That since it is apparent that the judgment of the court below omitted the list 2 attached to the judgment of the court below, it is obvious that it is an omission of the list 2 attached to the judgment of the court below, and thus, it is corrected ex officio by adding it

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