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(영문) 수원지방법원 2018.05.03 2018노139
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the Defendants (Defendant B: 8 months of imprisonment, 40 hours of sexual assault treatment program, 8 months of suspended sentence, 2 years of suspended sentence, 2 years of probation, observation of protection and community service, 120 hours of sexual assault treatment program, 40 hours of sexual assault treatment program) is too uneased and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing data are not submitted at the trial court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances for which the prosecutor alleged for unfair reasons for sentencing are already reflected in the sentencing grounds of the lower court. Although the instant crime is deemed to have been committed against many unspecified persons, the degree of damage is significant. However, all of the Defendants were aware of the crime, and there was no previous conviction exceeding the punishment history or fine due to the same kind of crime, Defendant C was committed at the request of Defendant B, while there was no past record of criminal punishment, and there is no other evidence that there was no change in the circumstance that there was no change in the conditions of sentencing compared with the lower court’s sentencing, the age of the Defendants, the degree of environmental injury, and the following circumstances, etc.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants 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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