아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (such as imprisonment with labor for three years and fine for two million won, imprisonment with labor for a period of 50,000 won per day, suspension of execution for four years, provisional payment orders, and participation in sexual assault treatment lectures) imposed by the court below against the defendant is unreasonably weak.
2. The crime of this case, by taking advantage of the fact that the Defendant had sexual intercourses under the agreement with female juveniles, taken pictures of sexual intercourses, etc. more than 20 times (no consent was obtained with respect to photographs) and posting them on the Internet obscenity bulletin board, and displaying them on the display, etc. do not constitute a crime.
However, in light of the fact that the Defendant made a confession from an investigative agency to this court, and Article 8(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, which is a penal provision for the crime of producing child and juvenile pornography, provides that the statutory penalty is a double imprisonment of not less than five years, and that it is difficult to deem that the Defendant produced and displayed the instant obscene material for profit in light of the Defendant’s photographing tool and the subsequent criminal records, it cannot be said that the lower court’s punishment is unreasonably and unreasonably weak.
3. 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.