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(영문) 창원지방법원 2018.01.25 2017노2832
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. There are favorable circumstances, such as the fact that the defendant recognized the crime, the fact that the defendant committed the crime of this case, the fact that the defendant was the first offender who had no record of punishment, and the fact that the defendant was the first offender who had no record of punishment, following the death of the mother who was supported by the defendant for several years, and that there was a dispute over the inheritance relationship with the victim who was the birth.

However, it is not recognized that the punishment imposed by the court below is unfair because it is too unreasonable, considering the following circumstances: (a) the Defendant’s claim for the support fee for the victim; (b) the Defendant claimed for support fee for the victim; (c) the Defendant did not reach an agreement with the victim; and (d) the amount of fine for the summary order claimed against the Defendant was KRW 50,000,000; (b) the court below reduced the amount of fine under the summary order, taking into account the above circumstances by the Defendant’s person; and (c) there was no special relationship or change of circumstances that may be newly considered in the trial; and (d) other various circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sex behavior, circumstances before and after the commission of the crime

3. As such, the defendant's appeal 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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