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(영문) 전주지방법원 2013.09.27 2013노778
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (the fine of KRW 6,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as that the defendant has recognized all of the crimes of this case and has not been punished for the same kind of crime.

However, the crime of this case was committed by the defendant at the Internet site and sold the 9-class malicious program for about 3 years, and the nature and circumstances of the crime are not good, and the profits acquired by the defendant from the crime of this case are the maximum amount of KRW 11,942,320, and the defendant has been punished seven times, and the defendant has other records of punishment. In full view of the defendant's age, character and behavior, environment, circumstances leading the defendant to the crime of this case, means and consequence, circumstances before and after the crime of this case, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

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

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