logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.05.01 2012노2528
정보통신망이용촉진및정보보호등에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of all circumstances, including the fact that the Defendants were aware of the instant crime and reflects the depth of the instant crime. The sentence of the lower court (Defendant A: a fine of KRW 4 million, Defendant B: a fine of KRW 2 million) is too unreasonable.

2. It is recognized that the defendants appear to reflect on the nature of the judgment, and that the defendants have no record of being punished for the same crime.

However, the crime of this case is that the defendants sent text messages, which are media materials harmful to juveniles, to D(17 years of age) for three months including the defendants' transmission of text messages, which are advertising the media materials harmful to juveniles, to juveniles' cell phoness over 134 times. As such, the crime of this case requires strict punishment for committing a crime of high social risk in that they exposed juveniles, who had shown no discriminatory reception of such text messages to juveniles, such as obscene materials, etc., and the defendant's crime period is relatively long-term and transmitted text messages, as well as the transfer of such text messages to the media materials harmful to juveniles as obscene materials, etc., it is not recognized that the sentence of the court below is reasonable and too unreasonable since all of the aforementioned arguments by the defendants are without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there are no grounds for appeal. It is so decided as per Disposition.

arrow