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(영문) 부산지방법원 2016.01.15 2015노2868
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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. It is recognized that the Defendant committed the instant crime on the ground that he was found to have committed the instant crime unilaterally by the victim who was the principal of a private teaching institute, on the ground that the Defendant, who was the instructor of a private teaching institute, led to the confession of the instant crime, and committed the instant crime.

However, the crime of this case is committed by sending a cell phone text message that slanders the victim two times in order to defame the victim in the course of cancelling the contract with the victim, and thus, the victim’s reputation is impaired. In light of the law and content of the crime, etc., the nature of the crime is not good, and it seems that the agreement with the victim or the recovery of damage was not properly achieved until the case is in question, and other factors such as equity in sentencing with the same or similar case, the defendant’s age, career, career, sexual behavior, environment, motive and background of the crime of this case, the means and method of the crime of this case, and the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

Therefore, the above argument by the defendant cannot be accepted.

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

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