정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)방조등
Of the judgment of the court below, the part concerning the crime Nos. 2 and 3 of the judgment of the court below is reversed.
Defendant 2 and 3 as stated in the judgment of the court below.
1. The summary of the grounds for appeal (e.g., in a case where the punishment of the lower court (e.g., imprisonment with prison labor for 8 months and 2 and 3 months as to the first offense) is too unreasonable.
2. Determination
A. The extent of Defendant’s participation in the crime of No. 1 in the judgment of the court below is not much severe, the fact that Defendant’s mistake is recognized, and that the criminal proceeds are not much significant is favorable.
However, the defendant's crime of this part aids and abets a large number of principals to spread a large amount of obscene materials, and the acquisition of the consideration is not less than that of the crime, and attempted to conceal criminal proceeds by purchasing a passbook, and the fact that the above crime was committed again immediately after the suspension of the execution of the same crime is sentenced.
In addition to all the above circumstances, the lower court seems to have determined a punishment within a reasonable scope by fully taking into account all the sentencing conditions.
This part of the defendant's assertion is without merit.
B. Although the nature of the crime is not good in light of the circumstances and results of the above crimes committed by the defendant in the part concerning the crime Nos. 2 and 3 of the decision of the court below, the circumstances favorable to the defendant are acknowledged, such as the fact that the defendant B actually used after the purchase, the equity when the judgment was judged simultaneously with the final judgment, and the fact that there was no criminal record for the
In addition to the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it seems that the lower court’s sentence of two months of imprisonment with prison labor for this part of the crime is too unreasonable.
3. In conclusion, since an appeal against the second and third crimes in the judgment of the court below is well-grounded, the part concerning the second and third crimes in accordance with Article 364(6) of the Criminal Procedure Act shall be reversed, and the remaining appeal by the defendant except the above reversed part shall be reversed, and the Criminal Procedure Act shall not be justified.