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(영문) 전주지방법원 2013.11.29 2013노1070
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the fine of KRW 1,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as a favorable circumstance such as the fact that the defendant recognized all of the crimes of this case and repented in depth, and that the defendant has no power to be punished for the same kind of crime or any power to be punished heavier than a fine.

However, the crime of this case is committed by the defendant several times, and a notice of the content of insulting the victim via the Internet is not good in its nature and circumstances. In full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. If so, 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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