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(영문) 의정부지방법원 2020.09.24 2019노1136
음화제조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution to eight months of imprisonment, one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The Defendant manufactured a total of 14 persons’ face by combining them with pictures of sexual intercourses between men and women, etc., and posted a false statement as if the victims were sexual intercourses.

The above crime seems to be hard to recover the damaged reputation of the victims because of the nature of the online distribution method that is difficult to delete permanently because the method and contents of the crime are very malicious and bad, and it is shared by many people in a short time and it is difficult to delete permanently.

The Defendant appears to have led to the confession of the crime of this case and to reflect the mistake.

The Defendant did not obtain economic benefits due to the instant crime, left from the online account after the commission of the crime, and deleted all obscene materials stored in the cell phone or Internet cloud.

In the past, the defendant did not want to be punished against the defendant by mutual consent with the victim G.

The Defendant did not commit any crime before committing the instant crime.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, etc., the Prosecutor’s assertion is rejected on the ground that the lower court’s punishment is too uneasible and unreasonable.

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

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