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(영문) 서울중앙지방법원 2017.04.14 2017노467
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the records of the instant case regarding the Defendant’s appeal, even if the Defendant received a notice of receipt of the records of trial on February 14, 2017, failed to submit a statement of grounds for appeal within 20 days from the date of receipt of the records of trial, and the petition of appeal does not state the grounds for appeal, and the lower judgment cannot be found even if examining the judgment below.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal is too minor for the original judgment to be imposed.

B. The lower court’s sentencing is not recognized to be unfair in light of the following: (a) the background and content of the crime; (b) the Defendant’s relatively old criminal records; and (c) all other factors indicated in the record.

3. The prosecutor's appeal to the conclusion is without merit, and the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal to the prosecutor's appeal is so decided as above, the defendant's appeal also is dismissed by decision. It is so decided as per Disposition.

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