정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2 years of suspended sentence of 10 months, observation of protection) is too uneased and unreasonable.
2. The crime of this case is a case in which the defendant sexually boomed the sexual minorities and posted pictures and comments that cause a sense of sexual shame on his SNS account, and made a non-discriminatory accusation against those who written comments to criticize them, and then, if the defendant did not receive the agreement from the defendant, he was given money to the victims by giving them a heavy amount of money, as if he would be punished by a fine or incur a big property damage through civil action.
The fact that the defendant abused the statements of his own, thereby passing money, and that the victims have mainly ageed women or their parents have not suffered a considerable amount of monetary and mental damage, is disadvantageous to the defendant.
However, considering the fact that the defendant seems to have reflected his mistake during the period of detention for about three months, the defendant is running a normal working life and not re-offending, the first offender who has no record of criminal punishment, the victims of the crime of extortion has returned all the amount of damage to the victims of the crime, and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the arguments, such as the circumstances after the crime, it cannot be deemed unfair because the sentence imposed by the court below is too uneasible. Thus, the prosecutor's assertion is rejected.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.