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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 2013노706
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 of the court below is reasonable and unreasonable in light of the following factors: (a) the defendant posted obscene materials on the Internet site so that anyone can easily see them; (b) the distribution of obscene materials, such as this case, may cause serious social problems by encouraging dynamic and imitateing sexual crimes by prisoners of war; (c) the defendant does not have the same criminal power; (d) the defendant does not have the same kind of criminal power; (e) the defendant’s mistake; and (e) the amount of obscene materials posted by the defendant as posting several recommended obscene materials is relatively small; and (e) other various sentencing factors indicated in the instant case, such as the defendant’s age, character and conduct, occupation and environment, circumstances and result of the crime; and (e) the punishment of the court below does not seem to be unreasonable in light of the following factors.

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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