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(영문) 창원지방법원 2015.12.10 2015노93 (1)
전자금융거래법위반
Text

The judgment of the court below is reversed.

Of the facts charged against the accused, child or juvenile pornography is included in the charges.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that the lower court erred by misapprehending the legal doctrine regarding the distribution and provision of child and juvenile pornography through an information and communications network, and that the Defendant erred by misapprehending the legal doctrine regarding the distribution and provision of child and juvenile pornography, which affected the conclusion of the judgment by misapprehending the legal doctrine regarding the distribution and provision of child and juvenile pornography, even if it was partially included in child and juvenile pornography among obscene materials provided through the information and communications network.

B. The Defendant, among the facts charged in the instant case, was sentenced to a summary order in violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals with Respect to distributing or openly displaying obscene materials other than child or juvenile pornography by using the information and communications network, and thus, the Defendant was found guilty on the charge of violating the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc., other than child or juvenile pornography, and thus, acquitted the Defendant on the charge of violating the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc., other than the child or juvenile pornography,

C. The Defendant asserts that the sentence imposed by the lower court (two years of suspension of execution in six months of imprisonment, community service 40 hours, and 40 hours of class required for the prevention of recidivism of sex offenses against children and juveniles) is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts [the part concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) due to obscene materials used by children and juveniles, and the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Distribution of obscenity)] 1 of this part of the facts charged

9. The third floor of Busan Jung-gu CA until October 30.

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