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(영문) 수원지방법원 2014.08.21 2014노3353
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Although there are circumstances such as the fact that the victim appears to have suffered a considerable mental impulse due to the Defendant’s instant crime, and that there was no particular damage recovery, considering the following factors: (a) the Defendant has led to the confession and reflect of all the instant crime; (b) the Defendant has been detained for more than two months in the instant case; and (c) the Defendant has been detained in prison for more than two months in the instant case; and (d) the Defendant is the primary offender without any previous conviction; and (b) all the conditions of sentencing in the instant argument, including the Defendant’s age

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the crime and evidence against the defendant recognized by this court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 74 (1) 3, Article 44-7 (1) 3 (a) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (a point of repeated transmission of the words causing an imprisonism and a choice of imprisonment), Articles 324-5 and 324 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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