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(영문) 인천지방법원 2013.04.12 2012노3725
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of three million won) is too uneased and unreasonable.

2. The judgment is based on the circumstances unfavorable to the Defendant, even though the Defendant had had had been punished twice in the same place of crime, and again committed the instant crime, etc.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes and reflects the Defendant’s mistake in depth; (b) the Defendant did not operate the computer room any longer while having committed a second offense; and (c) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the lower court’s sentencing against the Defendant is too unjustifiable, and thus, cannot be deemed unfair.

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

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