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The prosecutor's appeal is dismissed.
Reasons
1. In light of the prosecutor’s grounds of appeal (e.g., in order to protect children and juveniles from sex offenses, it is necessary to strictly punish the act of possessing obscene materials for children and juveniles, etc., the lower court’s sentence that sentenced fines of KRW 1,000,000 and orders to complete sexual assault treatment programs for 40 hours is too uneasible and unfair.
2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unjustifiable and unreasonable, considering the following factors: (a) the Defendant’s mistake and there is no record of criminal punishment; (b) the motive and background of the instant crime; (c) the circumstances before and after the instant crime; (d) the degree of damage; and (e) the character, conduct, environment, family relationship, etc. of the Defendant as indicated in the instant records and arguments; and (c) the aforementioned argument is without merit.
3. The prosecutor's appeal of conclusion 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.