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(영문) 의정부지방법원 2014.06.11 2013노768

정보통신망이용촉진및정보보호등에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 5,00,000) is too unreasonable.

2. The judgment of the Defendant is recognized as circumstances such as the confession of all of the instant crimes, and the fact that economic circumstances are difficult due to the Defendant Company B’s failure to receive wages for ten months, an accomplice.

However, the Defendant has already been punished once for the same crime, and the Defendant has been punished for suspended execution once for the same crime. The instant crime distributed the leaflets of advertising telephone information service numbers, which are media products harmful to juveniles, and transmitted 253,000 letters containing the above telephone information service numbers to juveniles over 253,00 times. Among them, 194 items are transmitted to juveniles, and it is necessary to strictly punish them as crimes with great social risks in that they exposed juveniles who had shown in the above advertisement messages to the media products harmful to juveniles, such as obscene materials, etc., and the above contents of the advertisement messages are exposed to juveniles who had shown in an undiscriminatory manner. It is reasonable to transfer the Defendant’s criminal period relatively long-term and transmitted text messages, and there are other considerable transfers of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the records of this case, such as the circumstances after the crime. Therefore, the Defendant’s above assertion is without merit.

3. Therefore, 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. It is so decided as per