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(영문) 의정부지방법원 2013.06.19 2013노527
풍속영업의규제에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. The judgment is based on favorable circumstances such as the confession of the facts of the instant crime, the Defendant made a statement that the mistake is divided, and the Defendant has no criminal record beyond the same criminal record as well as the fine. On the other hand, the Defendant, while working as an employee of the instant bank, was under investigation by the police on September 5, 2012 and was under investigation by the police, committed the instant crime by openly displaying a large amount of obscene images by accepting and operating the PC on a five-day basis, and allowing many unspecified customers to view it. In light of the motive, circumstance, means, and method of the instant crime, the nature of the crime is serious in light of the motive, method, etc. of the instant crime as indicated in the record.

The crime of this case is an act that impedes the sound use of information and communications network and harms the sound sexual morals of the general public, and is an act that must be eradicated without fail due to considerable adverse effects on society as a whole, and the defendant's age, character and conduct, intelligence and environment, and the means and result of the crime of this case as shown in the argument of this case. In full view of various circumstances that are the conditions for the sentencing of this case, such as the size and business period of the PC of this case, operating period, operating profit, circumstances after the crime, equity with former business owners, etc., the punishment imposed by the court below is deemed to be unfair since it is not recognized that the punishment imposed by the defendant is proper and too unreasonable. Thus,

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

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