저작권법위반
The prosecutor's appeal is dismissed.
1. When considering the nature of the instant case, which infringes on the protected legal interest of the intellectual property right in the grounds of appeal, the lower court deemed that the penalty is too unhued and unreasonable.
2. In full view of all other circumstances, including the content and scale of the instant work, Defendant’s age, character and conduct, motive, means, and consequence of the instant work, and the sentencing conditions indicated in the instant records and pleadings, it cannot be deemed unfair that the lower court’s punishment is too uneasible, in light of the following: (a) the Defendant mispercing that the Defendant would use the two copies of the instant pictures already distributed on the Internet as they were used; and (b) the Defendant’s intent to commit an infringement of property rights is not deemed to have been strong; (c) the Defendant deleted the relevant images after being notified of the infringement of rights; and (d) the Defendant’s mistake is against the Defendant; and (d) the details and scale of the instant work; (e) the Defendant’s age, character and conduct
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.