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(영문) 서울중앙지방법원 2014.07.10 2014노1632
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

There is no fact that there was a threat to C by the Defendant of misunderstanding the fact that the Defendant made the phrase “a dog, dead, dead, swine swind, dead, swind, dead, and knobly discarded,” and that “abs shall be discarded well.”

The punishment (fine 1,00,000) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant may recognize the fact that the defendant threatened the victim C by making the victim C with the phrase "atisfe, dead, swine satfe, swine satfe," "atisfe, dead, satfe, satfe, and satfebling well," and thus, there is no ground for

The Defendant’s crime of this case regarding the assertion of unfair sentencing is not deemed to be unfair because the sentence imposed by the lower court is too unreasonable, in full view of the following circumstances: (a) the Defendant’s act of managing common facilities by the Defendant sent text messages that cause apprehensions to the victims several times on the grounds that the Defendant’s act of managing the victim’s personal convenience violates the victim’s own interest; (b) the nature of the crime is a crime of intimidation or assaulting the victim; and (c) the Defendant did not agree with the victim up to the trial; and (d) other various circumstances, such as the circumstances after the instant crime, the character and conduct of the Defendant

Therefore, there is no reason for the defendant's assertion of unfair sentencing.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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