아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Nos. 1 and 3 of seized evidence shall be charged to the defendant.
1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below against the defendant (the imprisonment of eight months, confiscation, order to complete a program, 40 hours, and 3 years of employment restriction order) is too unreasonable.
2. Ex officio determination
A. The prosecutor of Amendments to Bill of Indictment is in the trial of the case, ① 2-B.
1) As stated in paragraph (1), the facts charged as to the violation of the Telecommunications Business Act as indicated in the judgment of the court below are the primary facts charged; (2) as stated in Section 1-B of the acquittal portion, the court applied for the amendment of a bill of amendment to the indictment with the content of adding the facts charged as stated in Section 1-B of the judgment of the court below, and the judgment of the court below cannot be maintained as it was changed by granting permission. (2) In order to operate a special value-added telecommunications business with the purpose of storing, transmitting, or transmitting information by using computers among others, the summary of the facts charged in this part of the judgment of the court below, the court below should register with the competent authority.
The Defendant, without registering with the competent authority, opened and operated the said “B” site from January 21, 2016 to August 8, 2018 (hereinafter “instant site”) and operated a special value-added telecommunications business, such as allowing many unspecified persons to download or download information for the purpose of increasing the number of its members for attracting sponsors.
2) The lower court found the Defendant guilty of this part of the facts charged as to the violation of the Telecommunications Business Act by compiling the evidence as indicated in its holding, and found the Defendant guilty of this part of the charges. 3) A) A person who runs a special value-added telecommunications business under Article 104 of the Copyright Act without registering with the Minister of Science and ICT, without registering with the Minister of Science and ICT, shall be punished by imprisonment for not more than three years or by a fine not exceeding 1.5 million won (Article 95 subparagraph 3-2 and Article 2