정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) of the lower court is deemed to be too unhued and unreasonable.
2. In full view of the following circumstances: (a) the Defendant had been sentenced to a fine for the same crime from around 2011 to around 2013; (b) the amount of the instant crime is significant; (c) the Defendant’s confession, reflect, and refrain from committing the instant crime; and (d) the proceeds from the instant crime are expected to be collected in full; (c) the Defendant has no criminal record above the suspension of execution; and (d) the Defendant added community service order at the lower court’s lower judgment to the conditions for sentencing, including the Defendant’s age-oriented environment, etc., the lower court’s punishment appears to be appropriate; and thus, (c) the Prosecutor’s assertion is rejected.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.