Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the suspended sentence of a fine of KRW 700,00 (the suspended sentence of a fine) of the lower judgment is too unhued and unreasonable.
2. The judgment of the court below spreads 3 obscene materials on the Internet site, and such distribution of obscene materials constitutes not only impeding the sound use of information and communications services, but also a dynamic sexual crime. Therefore, the necessity of punishment is high. However, the defendant is against wrong when committing a crime; the defendant has no criminal records; the defendant has no other criminal records; the defendant is a university student with a delay disability 6th degree disability; the defendant's age, character, character, environment, details and result of the crime; and other various sentencing factors indicated in the instant case, such as the defendant's age, character and behavior, circumstances after committing the crime, etc., the punishment of the court below is appropriate, and it is not deemed unfair.
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.