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(영문) 수원지방법원 2014.05.15 2013노5142
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (2 million won of a fine) is too unhued and unfair.

However, each of the crimes of this case committed on the Internet homepage is that the defendant posted and distributed obscene images more than 735 times for three months on the Internet sharing site, and there are considerable number of times to commit the crime, and is disadvantageous to the defendant.

However, taking into account all the circumstances indicated in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the commission of each of the instant crimes, the sentencing of the lower court is too uneasible and unreasonable, in so doing, considering the fact that the Defendant’s profit derived from each of the instant crimes is KRW 1 million, that it is the first offender, that it is erroneous for the lower court to acknowledge and reflect the error.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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