정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution, confiscation) of the lower court is too unreasonable.
2. The judgment is based on the following facts: (a) the Defendant led to the confession of the instant crime; and (b) the Defendant did not have the same criminal record.
However, the crime of this case is an act of distributing and performing obscene items of about 926 obscenity, which has been described in an explicit and detailed manner, in order for the defendant to make a profit by using a fee-charging telephone with his accomplices, and such a crime is an act of infringing on the environment in which the defendant can use the information and communications network in a sound manner, and it is recognized that the defendant has obtained a considerable amount of profit through the crime of this case. Considering the various circumstances, such as the balance with the punishment against accomplices, the age of the defendant, character and conduct, the background, means and consequence of the crime of this case, the circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.