The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of 5 million won, and a sexual assault treatment program of 40 hours) against the Defendant is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s primary offender, who works as a fixed-term teacher, was living for a life contributing to this society in good faith, each of the instant crimes was posted on the website before a relatively old age, and the fact that the Defendant was subject to criminal punishment for each of the instant crimes, thereby getting lost to the workplace.

However, the defendant's use of child and juvenile pornography posted on the web hard service site exceeds 140 parts, and the general obscenity exceeds 330 parts, each of the crimes of this case is detrimental to the sound use of information and communications network and prejudice to the sound sexual morality of the general public, and among them, the social harm is greater in the case of child and juvenile pornography, and the defendant's act of committing each of the crimes of this case while working as an elementary school fixed-term teacher is more likely to be subject to criticism. In addition, considering the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime of this case, the defendant's above assertion cannot be accepted.

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

However, according to the amendment of the law, “Article 8(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials by children and juveniles)” among “Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012)” shall be read as “Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012)” and “1. Order to complete program”