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(영문) 의정부지방법원 2013.11.28 2013노104
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of 500,000 won) is too unhued and unreasonable.

2. There are circumstances, such as that it is not easy for the victim to recover from damage exposed to obscene materials posted by the Defendant, and that the Defendant’s distribution of obscene videos on the Internet file sharing site by posting and distributing obscene videos not only impede the sound use of information and communications services, but also causes a dynamic sexual crime. However, the Defendant is a primary offender with no criminal power, the Defendant’s profits acquired from the instant crime are insignificant, and the Defendant posted the instant videos that he obtained by chance at other places, and the Defendant is also able to unfold and not repeat the Defendant’s mistake. In light of all the sentencing conditions indicated in the records of this case including the circumstances leading to the instant crime, the Defendant’s age, character and conduct, method of crime, and circumstances after the crime, etc., the sentence of the lower court against the Defendant is unreasonable.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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