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(영문) 서울서부지방법원 2013.06.13 2012노1000
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The Prosecutor and the Defendant appealed all of the judgment below on the ground that the summary of the grounds for appeal (e.g., a fine of KRW 10 million) and the punishment are unreasonable.

2. The grounds for appeal by the public prosecutor and the defendant are also examined;

Considering that the defendant was in the period of repeated crime at the time of the crime of this case, strict punishment against the defendant is necessary.

However, in full view of all the sentencing conditions, including the fact that the Defendant recognized his mistake and against himself, the fact that there are considerable expenses required to operate the adult video hosting site, and the fact that the profits earned by the Defendant are not large individually, and the Defendant’s age, character and conduct, the developments and process leading to the instant crime, and the circumstances after the crime, etc., it cannot be deemed that the sentence of the lower court is too minor or heavy to deem that the sentence of the lower court exceeded the reasonable bounds in the decision on sentencing.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

3. In conclusion, since each appeal by the prosecutor and the defendant is without merit, all appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per

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