아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of three million won and forty hours after completion of a sexual assault treatment program) declared by the court below is too uneasible and unreasonable.
2. The Defendant again committed the instant crime under the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) with the record of having been sentenced to a fine once due to a violation
The crime of this case is not against the nature of the crime that the defendant distributed a photographic file of his sexual organ, demanded that he send a photograph exposed to chest while copying with juveniles, and received and possessed a photographic file of his chest from three juveniles.
However, the defendant did not receive criminal punishment in addition to the above one-time fine, and did not repeat the crime by reflecting the depth of the crime.
They did not leak or distribute photographs transmitted from juveniles to other locations, and all deleted.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.