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(영문) 부산지방법원 2014.01.09 2013노3448
정보통신망이용촉진및정보보호등에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

With respect to the sentencing of the court below (a fine of five million won), the defendant asserts that the sentencing of the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

In light of the circumstances that the Defendant repeatedly sent text messages that cause fears or apprehensions on several occasions to his relative C, etc., and that the Defendant did not reach agreement with the victims up to the trial, the Defendant’s act of committing the Defendant’s N was committed separately and (in Busan District Court Decision 2013Da505402), and the crime of committing the instant case was committed against S, etc. (in Busan District Court Decision 2013Ma7402), the Defendant was tried separately and separately charged (in Busan District Court Decision 2013Ma7402), and there was no record that the Defendant has been punished in excess of the fine. Considering the following circumstances: (a) the Defendant’s act of committing the instant case was committed against his relative C, etc.; and (b) the Defendant’s motive and circumstance of the instant crime; (c) the circumstances after the commission of the crime; (d) the Defendant’s age, character and conduct, etc., and the circumstances indicated in the records and arguments of the instant case, it cannot be deemed unreasonable or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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