The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to three million won, etc.) is too unhued and unfair.

2. The judgment that the defendant recognized the crime of this case and that the defendant was the first offender is favorable to the defendant.

However, the crime of this case is that the Defendant distributed a child or juvenile pornography once and possessed a number of 1,700 obscene materials used by the child or juvenile for about four years, and that is not less than the liability for the crime in light of the content and period of the crime, the number of obscene materials, etc.

In the case of crimes related to obscene materials used by children and juveniles, it is necessary to strictly cope with such crimes in that they can have a great social influence on children and juveniles, and enhance distorted perceptions about sex and abnormal values.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and consequence of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair and unfair.

The prosecutor's improper argument of sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020; hereinafter the same shall apply), Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 202), Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (including possession and possession of obscene materials for children and juveniles), the selection of each fine

1. The former part of Article 37 of the Criminal Code, and Article 38.