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(영문) 부산지방법원 2020.06.19 2019노3946
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment, and destruction) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In the instant case, the Defendant had access to the 2,381 IPM for a period exceeding four months and stolen an unspecified number of, and, in particular, stored a woman’s body or another person’s sexual relation images separately. In light of the method of crime and degree of damage, the Defendant’s criminal liability is not weak.

However, in full view of the facts that the defendant's mistake and reflects the depth of the defendant, that is the first offender who has no criminal history, that is, psychological counseling for the treatment of pains, and that the defendant's spouse voluntarily makes efforts to prevent recidivism, such as receiving mental health department treatment, etc., that the defendant's spouse has the best efforts to treat and correct the defendant, and that the defendant's spouse appeals against the defendant, his parents and children who should support the defendant, that the defendant does not spread the video information acquired through intrusion on the information and communications network, and that the defendant does not spread to another person the video information acquired by the defendant in violation of the information and communications network, and other factors for sentencing and sentencing specified in the arguments and records of this case, such as age, character and behavior, environment, motive and circumstance of the crime, etc., the main sentence of 8 months sentenced by the court below against the defendant is too uneasible, while it is too unfair to sentence too too unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant and the prosecutor's appeal are all with merit, and the judgment below is ruled as follows

[C] The Criminal Procedure Act applies to the facts constituting an offense and the summary of the evidence recognized by the court, as well as the summary of the evidence. Therefore, the Criminal Procedure Act applies to the relevant column of the judgment below.

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