정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the photograph taken by the Defendant’s chest B, who sent the Defendant’s cell phone, on the cell phone, can be sufficiently recognized as obscene materials.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant on the charges of this case on the ground that the photographs taken of the chests of the above B cannot be deemed as obscene materials, and otherwise there is no evidence to acknowledge that the above photographs constitute obscene materials.
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified. Contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.