The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. In light of the following circumstances and the circumstances following the judgment, and the various sentencing conditions shown in the records and arguments, such as the background and means of the crime, the circumstances after the crime, the defendant's career, sexual conduct, and the environment, the lower court's punishment is deemed reasonable, and it cannot be deemed unfair to the extent that the lower judgment should be reversed.

Even though the Defendant was sentenced to a fine in 2005 due to the same crime, and was sentenced to imprisonment in 2007, the Defendant committed the instant crime.

The duration of the instant crime is long and frequency.

The victim appears to have suffered severe mental suffering due to the defendant's crime and consistently applied to the trial.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) provides that “A person who is finally convicted of a crime under Article 13 shall be a person subject to registration of personal information” shall be sentenced to a decision that violates the Constitution (Supreme Court Order 2015HunMa688, Mar. 31, 2016). According to the above decision of unconstitutionality, even if a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) becomes final and conclusive, the defendant is not a person subject to registration of personal information. Thus, if the defendant is a person subject to registration of personal information pursuant to Article 25(1) of the Regulations on Criminal Procedure, it shall be corrected ex officio to delete the provisions of Articles 5 through 14 (1) of the Regulations on Criminal Procedure.