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(영문) 서울남부지방법원 2013.12.19 2013노1641
아동ㆍ청소년의성보호에관한법률위반(음란물온라인서비스제공)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment (ten months of imprisonment, two years of suspended execution, two hours of probation and community service order) imposed by the court below is too unfasible and unfair.

Therefore, it is reasonable for the court below to consider equity in cases where the defendant was tried to commit each of the crimes in this case with the crime of aiding and abetting in violation of the Copyright Act which became final and conclusive on August 1, 2013 after having been sentenced to two years of imprisonment by the Seoul Central District Court on February 6, 2013 due to the crime of aiding and abetting in violation of the Copyright Act. The court below determined a punishment against the defendant by considering all the circumstances asserted by the prosecutor as the grounds for appeal, and there is no special circumstance or change of circumstances that can be considered newly after the sentence of the court below, and comprehensively considering all other various circumstances, including the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing specified in the arguments and the records of this case, even if all of the circumstances asserted by the prosecutor as the grounds for appeal are considered as the grounds for appeal, it is unreasonable to deem that the court below is too unreasonable to reverse the sentence imposed on the defendant.

Therefore, prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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