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(영문) 제주지방법원 2016.05.26 2015노801
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The defendant shows an attitude to recognize and reflect the instant crime, and there is no past record of criminal punishment prior to the instant crime, etc. are favorable to the defendant.

However, the victim appeared to have suffered considerable mental pain due to the crime of this case, and the defendant did not receive a letter from the victim, and the victim is punished by the defendant.

These points are disadvantageous to the defendant.

In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime, and all of the sentencing factors expressed in the process of the trial and records, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to have exceeded the reasonable scope of discretion, or to be unfair due to it.

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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