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(영문) 대구지방법원 2014.08.13 2013노3843
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 4.5 million (a fine of KRW 4.5 million) is too unreasonable.

2. Although the Defendant made a confession of the instant crime while committing a favorable act against the mistake, the lower court, taking into account such circumstances, imposed a sentence that has been mitigated than the fine amount of the summary order (five million won). Considering such circumstances, the crime like the instant crime requires strict punishment due to the exposure of the juveniles, who had been able to be able to receive a selected text message to harmful media such as obscene materials, etc., to the harmful media such as obscene materials, so that social risk is increased, and the Defendant has the record of being punished for the same crime, and all the sentencing conditions of the instant case, including the Defendant’s age, character and conduct, environment, period and frequency of the crime, and the circumstances after the crime, etc., the lower court’s sentence cannot be deemed unfair.

Therefore, the defendant's argument is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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