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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2013.09.27 2013노578
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (such as fine of KRW 2.5 million, confiscation, etc.) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s assertion of the judgment and the prosecutor together; (b) the Defendant again committed the instant crime despite the fact that he/she had been punished one time of fine due to a violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials); and (c) the Defendant’s business operation period is relatively short; and (d) other favorable conditions of sentencing, such as the Defendant’s age, character, character, environment, and circumstances after the commission of the instant crime; and (b) the Defendant’s allegation that the sentence imposed by the lower court is deemed reasonable; and (c) the Defendant and the prosecutor’s assertion are too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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