아동ㆍ청소년의성보호에관한법률위반(음란물소지)
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s appeal (unfair sentencing) is that the Defendant’s order to complete a sexual assault treatment program for a fine of 3,000,000 won and 40 hours is too uneasy, in light of the following: (a) the Defendant’s crime of this case is not likely to have committed a crime by taking a dynamic image of having sexual intercourse with a woman who is a child by using an Internet file sharing program with the Defendant; and (b) the Defendant has a record of criminal punishment for the same kind of crime.
2. In full view of the circumstances alleged in the grounds of appeal, even if the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment since 2009, and all the conditions of sentencing specified in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime, etc., the above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.