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(영문) 서울북부지방법원 2016.05.27 2016노218
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one million won suspension of sentence in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable;

2. In light of the fact that the Defendant denied the facts charged at the lower court in order to set as if the Defendant had never opened, the crime of this case appears to have not been properly handled by the Defendant, the Defendant recognized that the crime of this case was committed on one’s own care in the first instance trial, against the fact that the Defendant voluntarily closed the pertinent Internet car page, etc., the sentencing of the lower court is within the reasonable scope of its discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, it is not recognized that the sentence of the judgment below is too unfasible because it is too unfasible.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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