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(영문) 창원지방법원 2016.02.03 2016노75
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is unreasonable.

2. Although there are favorable circumstances such as the confession and reflect of the defendant, the crime is not good in light of each of the information and communications networks of this case, the frequency of fraudulent crimes, or the amount of fraud, and the responsibility for the crime is also heavy, the damage recovery has not been achieved until the trial in the past, and the defendant has been punished several times for the same crime in the past, there is no special reason for change in sentencing according to the sentencing guidelines of the Supreme Court sentencing guidelines (not less than six months of imprisonment) and after the sentence of the judgment of the court below, and there is no other reason for change in sentencing after the sentence of the court below, and there is no other reason for change in sentencing in the records and arguments of this case such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

Therefore, the defendant's argument of sentencing is without merit.

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

1. As to facts constituting an offense, “Article 72(1)1 of the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information and Communications Network Utilization” in the pertinent legal provision is apparent that it is a clerical error in the context of “Article 72(1)1 and Article 48(1) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, etc., and thus, it is corrected to dismiss it).

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