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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.
2. The crime of this case is acknowledged in light of the following facts: (a) by inserting false facts on the Blogs that can be seen by the majority of the former president’s couple, the crime of this case is not likely to harm the reputation of the former president; and (b) the victim and the bereaved family members are deemed to have suffered considerable mental pain due to the Defendant’s crime.
However, in full view of the following factors: (a) the Defendant confessions all of the crimes of this case and reflects his mistake; (b) deleted the writing immediately after the investigation; (c) posted another person’s writing on the shoulder, and does not seem to have a bad intent or bad faith without any particular awareness; (d) there is no record of criminal punishment other than a single-time fine; and (e) other factors of sentencing as indicated in the argument of this case, such as the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime; and (e) other factors of sentencing as indicated in the argument of this case, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and thus, it is deemed unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.