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(영문) 창원지방법원 2014.06.12 2014노84
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in this case, the part of the main disc site business among the facts charged in this case is deemed to be in a substantive concurrent crime because it is difficult to view that there is time and place continuity as it is not recognized the simplification of criminal facts and criminal intent, and it is difficult to view that there is time and place continuity, and thus, there is a substantive concurrent crime. However, the lower court erred by misapprehending the legal doctrine that acquitted the charges in this part, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for eight months of imprisonment, probation, and confiscation) is too uneasible and unfair.

2. Determination

A. On March 21, 2013, the summary of this part of the facts charged is prohibited from distributing obscene videos through an information and communications network. (A) On March 21, 2013, the Defendant, at the Defendant’s home located in the window B and the second floor of Changwon-si, connected to the Internet disc (http;///www.Wwbonisk.com) site, and then opened the same video files, the sexual intercourse of which is taken between men and women, “scopic scopic scopic sp.”

Accordingly, the Defendant distributed obscene images through information and communications networks.

B) At around 15:25 on March 21, 2013, the Defendant visited the above Defendant’s home to the said disc site, and then opened the video files in which the sexual intercourse between the male and female head of “I h. H. H. H. H. H. H. H. H. H. H. H.E.” was recorded. Accordingly, the Defendant distributed obscene images via the information and communications network. 2) The lower court determined that the facts constituting the instant summary order and the facts charged in this part of the facts charged are all the single criminal acts committed by the single criminal intent, and the effect of the instant summary order was carried out prior to the issuance of the said summary order.

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