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(영문) 춘천지방법원 2013.09.04 2013노326
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00 and orders to complete sexual assault treatment programs for four hours) that the court below sentenced against the defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant recognized each of the crimes of this case and against whom the judgment was made, each of the crimes of this case is committed by the defendant. However, from January 1, 2010 to November 22, 2012, the crime of this case is openly displayed by children and juveniles on the file sharing site including obscene materials, and the crime of this case where multiple unspecified persons view obscene materials in light of the period of display, etc., the crime of this case requires strict punishment as it impedes the sound use of the information and communications network and undermines the sound sexual morals of the general public, and it is necessary to severely punish the defendant as a whole, and in light of the motive and background leading up to each of the crimes of this case, circumstances after the crime of this case, and other various kinds of sentencing factors indicated in the records, such as the defendant's age, character and behavior, environment, etc., the sentencing of the court below is too unreasonable. Thus, the above defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the term "application of the law" of the judgment below is amended to "the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012)" as "the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 201); and Article 13(1) of the Chapter 3 as "Article 21(2)" respectively.

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