성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal shows obscene images that may cause sexual reception and aversion against unspecified women, and thus, the court below’s sentence (2 million won of fine) is too uncomfortable and unfair, and the defendant’s sexual characteristics reflects the defendant’s sexual characteristics, and thus, it is necessary to issue an order to disclose and notify personal registration information.
2. Determination
A. In light of the unfavorable circumstances as pointed out by the prosecutor, it is necessary to issue a warning to the defendant to prevent recidivism. However, considering the fact that the defendant was the first offender and the wrong, and the defendant did not commit the crime again, and that it is difficult to economic situation as he was an employee of the Roman site, and other various circumstances, which are the conditions for sentencing as indicated in the instant case, such as the motive and background of the instant crime, the defendant's age, character and behavior, character and environment, the punishment imposed by the court below cannot be deemed to be too weak.
B. Meanwhile, the court below held that the defendant's age, occupation, risk of recidivism, type of sexual crime in this case, motive, process of crime, seriousness of crime, degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention effect of sexual crime subject to registration, protection effect of the victim, etc. should not be disclosed or notified of personal information to the defendant in consideration of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, consequence and seriousness of crime, disclosure order or notification order, etc. In addition, the court below's decision
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.