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(영문) 서울동부지방법원 2015.09.17 2015노775
정보통신망이용촉진및정보보호등에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the penalty of two million won by each of the defendants) by the court below is unreasonable.

2. The Defendants led to the confession and reflect of the instant crime; Defendant A was the first offender; Defendant B did not have any other penal power in addition to the fine once, and the Defendants’ economic difficulties are favorable to each of the Defendants.

On the other hand, while the Defendants unilaterally demanded the return of the money paid by the Defendants as the victims refused it, each of the crimes of this case was committed in bad quality of the crime, and the victims failed to agree with the victims, and the victims want to escape the strict punishment against the Defendants, etc. are disadvantageous to each of the Defendants.

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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