Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (a fine of 4 million won) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. In light of the fact that the defendant had been punished several times including a similar crime, and that the distribution of obscene materials causes a dynamic sexual crime, there is a high need to punish such crime. However, considering the fact that the defendant committed a crime, and the defendant committed a crime in the course of running the Internet telephone for living, which led to the crime of this case, but the defendant did not seem to have a large amount of income, it does not seem that the punishment of the judgment of the court below is appropriate, too heavy or unreasonable, in full view of the various sentencing factors of this case, including the defendant's age, character and behavior, occupation and family environment, the circumstances after the crime, etc.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.