The prosecutor's appeal is dismissed.

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 below posted obscene materials on the Internet site 39 occasions over a period exceeding four months from April 15, 2012, and it is highly necessary to punish the distribution of obscene materials in the aspect of causing serious social problems by encouraging dynamic and imitateing sexual crimes by the distribution of obscene materials, such as the instant case, but there is a high need to punish the distribution of obscene materials. However, the Defendant’s mistake is against the Defendant, there is no criminal power of the same kind; the Internet site where the Defendant posted obscene materials is allowed to access only the members and be allowed to access the video files, taking account of various sentencing factors indicated in the instant case, such as the Defendant’s age, character and conduct, occupation and environment, background and consequence of the crime, and circumstances after the crime.

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.