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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal in the judgment of the court below is unreasonable because the punishment of a fine (700,000 won) is too unhued.
2. The judgment of the court below is reasonable and unreasonable in light of the following factors: (a) the defendant posted obscene materials on the Internet site so that anyone can easily see them; (b) the distribution of obscene materials, such as this case, may cause serious social problems by encouraging dynamic and imitateing sexual crimes by prisoners of war; (c) the defendant does not have the same criminal power; (d) the defendant does not have the same kind of criminal power; (e) the defendant’s mistake; and (e) the amount of obscene materials posted by the defendant as posting several recommended obscene materials is relatively small; and (e) other various sentencing factors indicated in the instant case, such as the defendant’s age, character and conduct, occupation and environment, circumstances and result of the crime; and (e) the punishment of the court below does not seem to be unreasonable in light of the following factors.
The prosecutor's assertion of unfair sentencing is not accepted.
3. In conclusion, the prosecutor'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.