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(영문) 서울동부지방법원 2014.05.01 2013노1625
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. In light of the following circumstances: (a) the defendant's time to commit the instant crime and commits a mistake against his depth; (b) the defendant is a first offender who has no criminal history; (c) the fluorous video is one and multiple times; and (d) the actual gain of the defendant by committing the instant crime appears to be nonexistent; and (c) other various circumstances, such as the defendant's age, character, character, occupation, occupation, intelligence and environment, motive, background, means, method, method, and consequence of the instant crime, etc., the sentence imposed by the court below is deemed to be unreasonable, and thus, the defendant's allegation of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act ( normal consideration in favor of the defendant in the grounds for reversal of sentence);

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