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(영문) 광주지방법원 2016.12.21 2016노1800
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two years of probation, two hundred hours of community service order, confiscation) imposed by the court below is too unfasible and unreasonable.

2. The crime of this case is a case where the defendant puts obscene materials on the Internet web site and receives money from the members using such obscene materials, and the nature of the crime is serious, the amount of profit that the defendant acquired with the lapse of the period for committing the crime is not sufficient, and the defendant committed the crime of this case even though he had been punished several times in the same kind of crime, which is disadvantageous to the defendant.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, and that the defendant is in a situation that is currently in a difficult economic situation, and that there is a situation in which he should support a spouse who is not good health.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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

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