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(영문) 대전지방법원 2016.03.16 2016노252
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The circumstances are as follows: (a) even though the Defendant was arrested for about five years as a result of the instant crime, the Defendant’s mistake was immediately resisted and the offense was committed.

However, the crime of this case, which openly exhibits obscene materials, is a very serious crime that has a great harm to the sexual morals of society, and considering that the defendant committed the crime of this case against many and unspecified persons for profit-making purposes, and its profits are very large, and that the defendant again committed the crime of this case despite the same record, it is inevitable to place the defendant with severe punishment.

In addition, comprehensively taking account of the fact that there is no special change in circumstances that the lower court and the punishment were to be determined differently from the circumstances after the crime, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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