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(영문) 창원지방법원 2019.09.26 2019노1239
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the Defendant’s mistake is against himself/herself, the fact that there is no record of punishment for the same kind of crime, in light of the means and method of each of the instant crimes, the frequency of the crimes, etc., the nature of the crime is not good, the means of access leased by the Defendant was used to commit the fraud of the victim, the victim was not used until the judgment was rendered, there is no special circumstance to consider the sentencing after the sentence of the lower judgment, and there is no change of circumstances to consider the sentencing after the sentence of the lower judgment, and other various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc., it cannot be said that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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