logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.07.25 2014노1856
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

Each part of the judgment of the court below of first instance and the judgment of the court of second instance concerning the first and second crimes shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The first-year imprisonment (the first-year imprisonment) sentenced by the lower court to Defendant A is too unffortable and unfair.

B. Defendant A’s sentence (the first instance court’s sentence: imprisonment with prison labor for 1 year, 2: the second instance court’s sentence; imprisonment for 2 years; imprisonment for 4 months; imprisonment with prison labor for 4 months; imprisonment for 1 months; imprisonment with prison labor for 2 months) is too unreasonable.

C. Defendant BM’s imprisonment with prison labor for six months (the first instance judgment) sentenced by the lower court is too unreasonable.

2. Before making ex officio judgments on the grounds for appeal by the prosecutor and the defendant A, this Court tried by combining each appeal case against the judgment of the court of first and second instance. Among the judgment of the court of first and second instance, the crimes of first and second crimes of second crimes are concurrent crimes in the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, this part of the judgment of the court of first and second instances cannot be maintained any more.

3. Determination on the grounds for appeal

A. Defendant A (the part of the judgment of the court below, No. 2, No. 3, and No. 4 as indicated in the judgment of the court below of the second instance) constitutes imprisonment with prison labor for not less than one month from ten years to six months.

Many defendants have criminal records.

In this context, considering the following circumstances, comprehensively taking into account the Defendant’s age, character and conduct, the background and contents leading to the instant crime, and the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

B. Defendant BM is the first offender, and his mistake is in depth divided.

The degree of crime coverage is relatively minor.

was detained for a considerable period of time (101 days).

In this context, in full view of all the circumstances such as the Defendant’s age, character and conduct, environment, the background and contents leading to the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

4. Accordingly, the judgment of the court below is erroneous.

arrow