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(영문) 의정부지방법원 2013.09.05 2013노1040

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of KRW 700,00) is too unhued and unreasonable.

2. However, it is recognized that the Defendant distributed obscene materials by posting obscene materials on the Internet site on which anyone can easily access. It is highly recognized that there is a high need to punish the obscene materials by encouraging dynamic and imitate sex offenses against obscene prisoners of war.

However, the Defendant is the young age and has no criminal record, and the number of obscene materials files posted on the Internet is only one, and the Defendant does not seem to have obtained any particular economic benefits due to the instant crime, and the Defendant does not appear to have obtained any specific economic benefits due to the instant crime. In light of all the factors leading up to the instant crime, including the background leading up to the instant crime, the Defendant’s age, character and conduct, the method of committing the instant crime, and the circumstances after committing the instant crime, etc., the sentence of the lower court against the Defendant is not deemed to be unfair, in light of all the sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, the method of committing the instant crime, and the circumstances after committing the crime.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.