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(영문) 창원지방법원 2015.06.11 2015노731
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment (a fine of three million won, completion of sexual assault treatment programs, confiscation) declared by the court below is too unfasible and unreasonable.

2. The crime of this case is a case in which the defendant possessed obscene materials appearing by children or juveniles, and it is recognized that the number of obscene materials held by him/her reaches 38,790.

However, considering the following circumstances: (a) the Defendant recognized his/her mistake and against it; (b) voluntarily completed human rights education for the prevention of sexual harassment, sex trafficking, and sexual violence and domestic violence; (c) the Defendant’s child or juvenile pornography does not come to contact with the child or juvenile pornography; (d) the Defendant supporting his/her parents with good faith for more than 20 years; and (e) the fact that there was no record of punishment until now, except for the punishment of a fine of KRW 1 million for a crime of violating the Road Traffic Act in 2004; and (c) there was no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; (d) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is deemed unreasonable because it is excessively uneasible and unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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