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(영문) 인천지방법원 2020.06.12 2019노3487
정보통신망이용촉진및정보보호등에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (three million won of a fine) is too unreasonable.

B. Determination of the lower court by the Prosecutor as to a fine of three million won is too uneased and unreasonable.

2. In light of the circumstances leading up to the instant crime, the period and time period of sending text messages, the number and contents of the text messages, etc., the Defendant’s liability is disadvantageous to the Defendant.

However, in light of the following factors: (a) the Defendant appears to have recognized all of the instant crimes; (b) the victim did not want to be punished against the Defendant by mutual consent with the victim; (c) the victim was treated with depression; and (d) there was a possibility that such disease was one of the causes of the instant crimes; and (c) the fact that there was no record of punishment for the same type of crime, etc., the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime; and (d) other factors of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is

It is judged that it is too unreasonable rather than that.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(A) Although the appeal by a prosecutor is without merit, it shall not be dismissed separately from the disposition of the court below inasmuch as the appeal by the defendant is accepted, and the judgment of the court below is reversed. [Reasons for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as stated in the corresponding column of the judgment of the court below, and thus, it shall

Application of Statutes

1. Promotion of the use of relevant laws and information and communications networks with regard to criminal facts;

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