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(영문) 수원지방법원 2017.04.27 2016노6243
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (unlawful in sentencing) and the fact that the crime of this case is not good to be committed in the course of stroke violence, the lower court’s sentence, which sentenced two years of suspended sentence, observation of protection, and an order to attend a community service order with 160 hours and 40 hours of domestic violence, is deemed to be so unreasonable that the sentence of the lower court is too unafford.

2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the aforementioned assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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