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(영문) 대구지방법원 2019.09.27 2019노116
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination is recognized that the Defendant recognized the instant crime and reflects the instant crime, without the same criminal record, and suffers from cirrology due to urology, and that the health is not good, and that the economic situation is difficult.

However, it is recognized that there is a criminal record who has been punished 17 times in total, including one sentence of imprisonment for a crime of different types that is not agreed with the victim.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal 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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