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(영문) 서울남부지방법원 2016.05.09 2016노90
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the defendant recognized the crime and is against the law; (b) the victim refused interview negotiations with his/her father to cause the crime of this case; (c) the agreement on interview negotiations has been reached with the victim; (d) the victim deposited KRW 2 million for the victim; and (e) the family of the defendant is faced with economic difficulties due to the detention of the defendant.

2. In light of the circumstances favorable to, or unfavorable to, the Defendant’s judgment and other factors, including the Defendant’s age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime, experience in the same crime, and detention period due to the instant case, and the reasons for sentencing of the lower judgment, the lower court’s punishment is too unreasonable, even if considering the various circumstances asserted by the Defendant on grounds of appeal and the changed circumstances in the trial at the same time.

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

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