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(영문) 부산지방법원 2015.08.27 2015노2043

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing (two months of imprisonment, additional collection, and partial exemption) against the Defendant on the gist of the grounds of appeal is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and reflects his mistake, and that the defendant seems to have committed the crime of this case against the disabled class 2 with physical disability. However, the crime of this case is deemed to have been committed in favor of the defendant for a long period of time by using the file sharing site, and the crime of this case has been repeatedly distributed and performed through information and communications networks for a long period of time about 4,042 obscene material, which is explicit and specifically described, and the nature of the crime is not easy in light of the number, contents, etc. of the obscene video recorded, and the profit gained by the defendant from the crime of this case is not significant; the defendant committed the crime of this case while he was sentenced to imprisonment for five months for the same type of crime before, without being aware of the motive and circumstance of the crime of this case, the circumstances and circumstances of the crime, the defendant's age, character and behavior, environment, etc.; considering various circumstances that are the conditions for the punishment as shown in the records and pleadings of this case, it cannot be deemed unfair.

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 without merit. It is so decided as per Disposition.