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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal found obscene videos on the computer screen “Ydong” on the computer screen in 306 at the time when the defendant controlled the telecom operated by the defendant, but the court below found the defendant guilty of the facts charged of this case, although the defendant could not be deemed to have allowed a large number of unspecified customers to view obscene videos on the ground that the customers, who were familiar with the above guest room, were downloadd and the defendant was not downloadd, and thus, the defendant did not have any obscene videos. The court below erred by misunderstanding the facts and affected the conclusion
2. Determination
A. The summary of the facts charged in the instant case is the person who operates the DNA telecom in the following City:
No person who carries on the amusement business affecting the public morals shall allow any person to view or peruse obscene documents, drawings, pictures, motion pictures, records, video products, or other obscene materials at a place which carries on the amusement business affecting the public morals.
Nevertheless, at around 15:00 on June 7, 2013, the Defendant: (a) created a “Yeno” container on a computer; and (b) had a large number of unspecified customers view it by allowing them to view obscene videos on the face of sexual intercourse stored in a computer.
B. According to the evidence of the judgment below, the court below held that the defendant's assertion that the obscenity stored in the computer in the apartment room operated by the defendant is difficult to obtain on the ground that the defendant was actively provided for the defendant's management of a large quantity of dynamic obscenity and to enable guests to view the obscenity, rather than that the obscenity was accumulated to view through the Internet and store the obscenity stored in the relevant obscenity, and that it was difficult to obtain the defendant's assertion that the obscenity had already been created by the relevant Pool and obtained individually by the guests at the time of purchasing a medium-sized computer.