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(영문) 전주지방법원 2020.12.17 2020노1433
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (6 months of imprisonment and 4 years of imprisonment for the remaining crimes) is too unreasonable.

(b) It is improper to impose an disclosure and notification order for three years on the accused who has committed such an order for disclosure and notification.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant’s judgment on the assertion of unfair sentencing is divided into and against his criminal act from the investigative stage to the trial of the trial; (b) the Defendant has no record of committing violent crimes or sexual crimes; and (c) the Defendant has to consider equity in the event the Defendant was tried at the same time except for the offense of violating the Military Service Act and the offense of violating the Protection and Support of Missing Children, etc.

However, the defendant mainly keeps bridges received in the short term with the victims who are minor women, and used them to threaten them or take money from them, in light of the relationship with the victims, the age of victims, the background of the crime, the method and frequency of the crime, etc., and the defendant posted the victim B and the victim H bridges using an information and communications network through which many people can see them. In particular, after posting one copy of the victim B bridges with the victim B as the victim’s C propy, the above pictures were posted for a long period of time, thereby causing serious damage to the victim. Thus, it is recognized that it is necessary to strictly punish the defendant, and that the defendant was not completely used from the victims, and the defendant was sentenced to a suspended sentence of imprisonment for six months with prison labor for the crime of larceny and Military Service Act at the Incheon District Court on November 21, 2018, and the above judgment became final and conclusive on November 29, 2018.

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