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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2013.07.25 2013노607
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment of the court below is unreasonable because the punishment of a fine (700,000 won) is too unhued.

2. The judgment below was posted on the Internet site so that anyone can easily see the obscene materials, and the criminal punishment for the dissemination of obscene materials is highly necessary because it causes serious social problems by encouraging dynamic and imitateing sexual crimes by the distribution of obscene materials such as this case. However, there is no criminal power against the defendant, there is no criminal power against the defendant, the defendant's miscompetence, and the amount of obscene materials posted by the defendant by posting five obscene materials at a single time seems to be relatively small, taking full account of the defendant's age, character and behavior, occupation and environment, circumstances and results of the crime, and various sentencing factors indicated in this case, such as the following circumstances after the crime, etc., the punishment of the judgment below is appropriate, and it cannot be deemed unfair because it is too unreasonable.

The prosecutor's assertion of unfair sentencing is not accepted.

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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