성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (the suspended sentence of a penalty of five million won) on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The defendant needs to strictly punish the defendant when considering the fact-finding that the defendant sent 86 times without concern to the victim the text and image of the crime in the original judgment and the nature of the crime is significant.
However, in full view of the fact that the Defendant was aware of the instant crime and divided in depth, that there was no record of criminal punishment, and that there was no other evidence of criminal punishment, the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and consequence, etc., and all the sentencing circumstances as shown in the records and arguments, the lower court’s sentencing is too uneasible and unreasonable.
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. It is so decided as per Disposition.