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(영문) 의정부지방법원 2016.08.09 2016노1147
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 500,000 won) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession of and reflect against the instant crime, the crime of violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. (Defamation) which became final and conclusive in the judgment of the lower court, and the instant crime ought to take into account equity with the case of concurrent crimes of a group after Article 37 of the Criminal

B. However, in full view of all the circumstances that are the conditions for sentencing specified in the pleadings of this case, including the Defendant’s age, background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable even if considering the aforementioned circumstances favorable to the Defendant, even if the lower court’s punishment is too unreasonable, in light of the following: (a) the Defendant’s injury to the reputation of the victim by repeatedly disclosing false facts; (b) the victim was not agreed with the victim; and (c) there was no record of having been punished several times for the same crime; and (d) there was no special change in circumstances after the sentence of the lower judgment was rendered; and (b)

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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