The prosecutor's appeal is dismissed.

1. The lower court dismissed the public prosecution in accordance with Article 74(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. among the facts charged

With regard to this, the prosecutor appealed on the ground of unfair sentencing only for the guilty portion, and since the dismissal of the above public prosecution which was not appealed became final and conclusive as it is, only the guilty portion was transferred to the appellate court, the scope of the judgment of this court is limited.

2. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, probation, and confiscation) is too unhued and unreasonable.

3. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, the Defendant’s history of the crime, and the relationship with the victim, the sentencing conditions as shown in the arguments in the instant case are considered. Furthermore, the court below’s sentence is too uneasible and unreasonable, and the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.