The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (2.5 million won of fine) is too unreasonable.

2. The judgment is based on the following facts: (a) the instant crime was committed by the Defendant to allow customers to view obscene materials stored in the PC in the PC operated by the Defendant; and (b) the nature of the crime is not good in light of the criminal law, etc.; and (c) the instant crime was committed in the instant case, which interferes with the sound use of information and communications network and undermines the sound sexual morals of the general public, and thus requires strict punishment when considering the adverse impact on the society as a whole.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes and against his mistake; (b) the Defendant was the primary offender; and (c) the Defendant did not operate the PC any longer while the Defendant said that he would not repeat the crime; and (d) the sentencing equality with the same or similar incidents; (b) the Defendant’s age, family environment, and other various conditions of sentencing as shown in the records and arguments, such as the circumstances before and after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;