logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.13 2018노1166
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a year of imprisonment with prison labor and confiscation of No. 1 of evidence) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes and reflected, etc. is favorable to the Defendant.

However, the Defendant committed the instant crime again during the period of the suspension of execution due to the same crime, used a automatic business channel to distribute a large quantity of obscene materials, and the nature of the crime is not good, such as opening a room in another’s name in the course of the crime, opening a cell phone in another’s name, and using a cell phone in another’s name, and the profits acquired from the crime are not significant. Such circumstances are disadvantageous to the Defendant.

In this case where there is no change in circumstances that could change the sentence of the court below since the above circumstances occurred in the appellate trial, considering the conditions of all the sentencing as shown in the record and the changed theory, the sentence imposed by the court below is too unreasonable and goes beyond the scope of reasonable discretion.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow