Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant and the person subject to a request for an attachment order, the person subject to a request for a probation order (the defendant's case) and the person subject to a request for an attachment order, and the person subject to a probation order (hereinafter referred to as "the defendant") is too unreasonable (two years and six months of imprisonment).

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (i) is too unfasible and unreasonable. 2) Even though the Defendant could repeat a sexual crime, it is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of the location tracking device and the request for the probation order.

2. Determination

A. As to the assertion of unfair sentencing on both accused cases, the lower court: ① under the unfavorable circumstances against the Defendant, the crime is deemed to be inferior and highly likely to social criticism in light of the background and content of each of the instant crimes, and the method of the commission of crimes, etc.; ② the obscene materials used by children and juveniles are not only aware of the mental state that it is difficult to cure the victimized children and juveniles, but also promote distorted perception and abnormal values on sex to the audience; thus, even in order to fundamentally block the “production” of obscene materials using children and juveniles, it is necessary to severely punish them; and in particular, if obscene materials are produced once by the development of the media such as the Internet, etc., there is possibility of providing them to be distributed in secret and non-discriminatory distribution at any time regardless of the intent of the producer after their production; ② under the favorable circumstances to the Defendant; ② the Defendant is the first offender who has no record of criminal punishment prior to the instant crime; the victim’s mother was paid an agreed amount of KRW 18 million; and the victim’s intent not to recover the victim’s photograph.