성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended execution, two years of protection, two hundred hours of community service order, and forty hours of sexual assault treatment lectures) imposed by the lower court (eight months of imprisonment for a term of eight months) is too uneasy and unreasonable.
2. In light of the details of the instant case and the method of crime, the crime of this case is not good, and the Defendant has a record of having been punished several times for the same type of fraud, etc., is disadvantageous.
On the other hand, the fact that the defendant's mistake is recognized and reflected properly, the amount or total sum of each fraud crime is not significant, and the fact that the victim's excluding the victim's El flus corporation and the victim's excluding the victim's El flus has been recovered most by agreement or deposit is favorable.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.
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.