아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that there was no intention to distribute to the defendant in relation to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity). Therefore, the judgment of the court below which found the defendant guilty of this part of the charges is erroneous in the misunderstanding of facts, and the punishment of the court below (the fine of three million won, the completion of sexual assault treatment program 40 hours,
2. In light of the following circumstances acknowledged by the record of this case as to the assertion of mistake of facts, namely, ① the Defendant stated in the police that the 2000 Formula program is a program jointly owned with the file (Evidence No. 70 pages), ② the Defendant set the 24KB/S at the 24K/S in the above program (Evidence No. 54 pages), ③ the file name, etc. operating from the Defendant’s computer to the Defendant’s computer in the Rodrid list if the Defendant talks on the above program (Evidence No. 54, 55 pages), it is difficult to accept this part of the Defendant’s assertion that the Defendant had known that the obscenity stored in the Defendant’s computer was automatically operated.
3. In full view of the fact that child and juvenile pornography possessed and distributed by the defendant on the assertion of unfair sentencing is up to 11, and the defendant’s occupation, age, and all other matters concerning the sentencing specified in the records and arguments in this case, the judgment of the court below is deemed reasonable, and therefore, the defendant’s assertion on this part is without merit.
4. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition