All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (Inspection of misunderstanding of Facts) The lower court rendered a not-guilty verdict on the distribution of obscene materials as of February 11, 2019, the 12th day of the same month, and the 13th day of the same month, but each taken-out photograph constitutes obscene materials with an explicit expression or expression of sexual prejudice or act in a timely manner.

Nevertheless, the judgment of the court below which acquitted the defendant on the ground that this is only a photograph that leads to low-speed and disturbance of its contents, is erroneous in the misconception of facts.

B. The defendant asserts that, with respect to the punishment imposed by the court below (two months of imprisonment, etc.), the defendant is too unreasonable, and the prosecutor is too uneasible and unfair.

2. Determination

A. The lower court acquitted the Defendant on the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity) among the facts charged on the ground that the evidence submitted by the prosecutor alone, based on its stated reasoning, cannot be deemed as obscene materials.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and there is no error of law by mistake of facts alleged by the prosecutor.

B. As to the assertion on unfair sentencing by both parties, the Defendant appears to have an attitude against the victim K in the confession of the crime, in the trial of the party, remitted the victim K more than KRW 3,50,000 to the victim F, and the victim H paid KRW 1,00,000,000 to the victim F, etc. are favorable to the Defendant.

On the other hand, there are many records of criminal punishment against the defendant due to fraud and embezzlement, and criminal records of criminal punishment, each of the crimes of this case was committed by the Seoul Western District Court on January 17, 2019, which was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution, and was committed repeatedly after the judgment became final and conclusive on January 25, 2019.