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(영문) 인천지방법원 2014.09.26 2014노2483
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unhued and unreasonable.

2. The crime of this case is deemed to have transmitted obscene images or voice for the purpose of having many and unspecified persons meet their sexual desire, and is disadvantageous to the Defendant.

However, in full view of the following: (a) the lower court appears to have determined a sentence by fully taking into account the circumstances unfavorable to the Defendant; (b) the Defendant appears to have no change in circumstances that could vary from the lower judgment and the punishment; (c) the Defendant was committed by committing the instant crime; (d) there was no history of criminal punishment; and (e) other various sentencing conditions in the records and pleadings, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after committing the instant crime, the lower court’s sentence against the Defendant is too unreasonable

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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