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(영문) 수원지방법원 2015.04.30 2014노5460
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the Defendant’s grounds for appeal (e.g., the Defendant’s error), the Defendant committed the instant crime contingently, and the fact that there is an economic difficulty, the lower court’s sentence that sentenced a fine of KRW 2 million is too unreasonable.

2. The Defendant’s crime of this case is not good to form an offense of infringing the information and communications network by transmitting the content of another person’s Kakakao Stockholm conversation to one’s e-mail. The lower court appears to have reduced the fine amount of the summary order in light of the above circumstances alleged by the Defendant. In light of the motive and background of the instant crime, circumstances before and after the instant crime, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, as indicated in the instant records and arguments, considering all the circumstances alleged in the grounds for appeal, the lower court’s punishment cannot be deemed to be too unreasonable, even

3. 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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