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(영문) 대구지방법원 2014.09.19 2014노679
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for 8 months and suspended execution for 2 years, 26,651,248 won, 9 million won, 159, 618,80 won, 159, 800 won, 159, 200 won, 26,651,248 won, 200 won, 200 won

2. The crime of this case is acknowledged that the distribution of obscene images through the information and communications network with a large ripple power to impair a sound sexual morals, and the crime of this case is not good. The period for the crime of this case where the Defendants operated the video-recording site to distribute obscene images is short of the period for the crime of this case, Defendant B committed the crime of this case without being aware of even though it was a repeated offense period due to fraud, and the Defendants’ circumstances after the crime of this case are not good.

However, the Defendants’ confession of the instant crime and the Defendants did not have the same criminal record. However, in full view of the degree of the Defendants’ participation in the instant crime, the Defendants’ status and role in the said crime, and other factors of sentencing, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, etc., it is not determined that each sentence imposed by the lower court against the Defendants is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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