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(영문) 부산지방법원 2018.11.23 2018노2182
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant recognized the instant crime and reflects the fact that the Defendant is committing the instant crime, etc. is more favorable circumstances, but the instant crime is not good for the Defendant to send a text message containing the content that arouses fear or apprehensions against the victim on several occasions at a group reading room, and the crime of this case is not good for the Defendant to commit the instant crime, and the victim appears to have suffered considerable mental shock, and even if the Defendant did not receive any tolerance from the injured party, etc., is disadvantageous

The court below determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and equity in sentencing, etc., the sentencing of the court below is judged to be appropriate, and it does not seem unfair because it exceeded the reasonable scope of discretion.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.

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