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(영문) 대전지방법원 2015.10.07 2015노1828
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below on the defendant (the imprisonment for eight months, the suspension of the execution of two years, the probation one year, and the order to attend a sexual assault therapy for forty hours) is too uneased.

2. In light of the content and frequency of the message sent by the Defendant to the victims, the crime of this case is very poor, the victim’s mental suffering is likely to have been caused due to the Defendant’s behavior, the victims are not agreed to, the Defendant is consistent with the circumstances that make it difficult for the Defendant to understand up to the lower court to the point of view, and the Defendant’s records of criminal punishment up to 13 times are disadvantageous to the Defendant (three times of suspended sentence).

On the other hand, the fact that the defendant seems to have against his mistake in the past when he was judged to be a party, the fact that the defendant supports the remaining couple after his divorce, and that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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