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(영문) 부산지방법원 2014.04.18 2013노3309
위치정보의보호및이용등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the community service order of 10 months, 2 years of suspended execution and 120 hours, which the court below sentenced against the defendant, is too unreasonable.

2. It is recognized that the circumstances such as the defendant's recognition of the instant crime and reflects his mistake, the defendant's health is not good, and there is a family member to support the instant crime.

However, in full view of the following circumstances: (a) the instant crime was committed by attaching a location tracking device on the vehicle and tracking the location of an individual in real time using smartphones; (b) the Defendant’s act of identifying or driving a specific person in an unlawful way; (c) the nature of the instant crime was not good; and (d) the Defendant’s profit from the instant crime was not much significant; and (e) other circumstances, which are the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is deemed to

Therefore, the defendant's above assertion is without merit.

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

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