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(영문) 인천지방법원 2014.05.09 2013노3212
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The instant case is a case where the Defendant sent a text message to the victims several times that contains the contents of fear and apprehensions, but the case is weak. However, in full view of the fact that the Defendant all of the instant crimes are recognized and there is no criminal power, and other various circumstances, including the Defendant’s age, character and conduct, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion 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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