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(영문) 대전지방법원 2015.09.02 2015노1670
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The fact that the judgment defendant led to the crime of this case, and that some of his family members want to have the defendant's wife, is favorable to the defendant.

However, the question is whether or not the defendant has a serious reflective nature, the defendant sent a text message sufficient to arouse fear or apprehensions to a pro-friendly victim over 200 times during 51 days, and sent the contents threatening the victim and his family by mail. In light of the content of text message and mail and the relationship between the victim and the victim, the crime of this case is not good, even if the defendant was sentenced to imprisonment for one year for the same kind of crime against the same victim, he again commits the crime of this case within the period of repeated crime after the execution of the sentence has been completed, and the defendant committed the crime of this case within the period of repeated crime, one time of suspended sentence, one time of suspended sentence, and five times of suspended sentence for the same crime, and five times of fine is disadvantageous to the defendant.

In addition to the above circumstances and motive leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc. and the conditions of sentencing as shown in the arguments and arguments, there is no change in circumstances to determine the punishment differently from the original court, and the crime of intimidation within the scope of sentencing guidelines for the establishment of the Sentencing Commission [the scope of recommending punishment] shall be types 1 (general intimidation). (a person under special guard (a person under special guard). The motive (a person who committed a crime committed at the time of retaliation against the victim), the scope of final sentencing guidelines according to the criteria for processing multiple repeated crimes of the same kind: the crime of intimidation for which the sentencing guidelines has been set for at least four months and the remaining crimes for which no sentencing guidelines have been set are concurrent crimes under the former part of Article 37

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