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(영문) 서울북부지방법원 2014.11.20 2014노1180
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the defendant committed each of the crimes of this case in favor of the defendant, such as that it impedes the sound use of information and communications network, harms the sound sexual morals of the general public, and in particular, in light of the legislative intent of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. of the Child and Juveniles intending to protect children and juveniles from sexual crimes and grow up to healthy members of society, there are disadvantageous circumstances against the defendant. However, the defendant mistakenly recognized the defendant's mistake, and there is no history of punishment except for the punishment under the suspension of the execution of imprisonment and fine for the crime different from each of the crimes of this case, and there is no history of punishment except for the punishment under the suspension of the execution of imprisonment and fine for the crime of this case, and it seems that the living conditions are not good because the defendant is living while working as a daily worker, and taking into account other circumstances such as the motive and background leading up to each of the crimes of this case, the defendant's age before and after the crimes, the defendant's age, character, environment, occupation and family relation, etc.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11(3) and (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 74(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., of the same facts constituting an offense;

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