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(영문) 광주지방법원 2020.04.09 2019노3141
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. The circumstances favorable to the defendant include the fact that the judgment defendant recognized the crime of this case and reflected against the defendant, and that the defendant has no criminal records exceeding the fine.

On the other hand, it is an unfavorable circumstance that the defendant has repeatedly reached the victim B's language that arouses fears or apprehensions several times, and has damaged the victim B's reputation by openly pointing out false facts, has acquired money equivalent to the amount from the victim G, and the defendant has agreed with the victims or has not recovered from the victims' damage even when the defendant was in a trial.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

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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