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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2013.10.15 2013노609
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy in the lower court’s punishment (500,000 won).

2. The fact that the defendant confessions and reflects the crime of this case, there is no record of criminal punishment for the same crime, and that the defendant does not seem to have obtained any particular economic benefit from the crime of this case is an element of sentencing favorable to the defendant.

However, in light of the above favorable sentencing factors, the court below determined that the punishment imposed by the court below is within the proper sentencing range, comprehensively taking account of various sentencing conditions shown in the argument of this case, including the following: (a) it appears that the defendant had been sentenced to the reduction of the amount of the summary order (one million won of a fine) originally notified; and (b) the crime of this case posted obscene materials on the Internet site readily accessible to anyone; and (c) such distribution of obscene materials causes social problems by encouraging dynamic and imitate sex crimes; and (d) there is a need to punish such crimes.

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

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