아동ㆍ청소년의성보호에관한법률위반(음란물소지)
The prosecutor's appeal is dismissed.
1. The prosecutor of the gist of the grounds for appeal asserts that the punishment (5 million won of a fine and 40 hours of completion of sexual assault treatment programs) declared by the court below is too unhued and unreasonable.
2. The crime of this case is a case in which the defendant received pictures from the victim through mobile phones and possessed a child or juvenile pornography, and the victim’s photograph was disseminated due to the unknown circumstance, and the damage that is difficult to recover has occurred.
However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; and (b) the Defendant has no record of punishment in the past; and (c) the Defendant appears to be somewhat lacking intellectual ability; and (d) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and conduct, environment, motive and background of the offense; (c) means and method of the offense; and (d) the circumstances that form the conditions for sentencing specified in the argument and the record of the instant case, such as the circumstances after the sentence of the lower judgment
3. The prosecutor's appeal of 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.