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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor changed the name of the crime against the Defendant to “violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity)” in the first instance, and changed the applicable legal provisions to “Article 74(1)2, Article 44-7(1)1, Article 37, and Article 38 of the Criminal Act,” and applied legal provisions to “Article 38 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc.,” and applied for amendments to the indictment with the content of “criminal” as stated below. Since this Court permitted this, the subject of the judgment of the court below was changed and thus, it cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the following is again decided as above, since there is a ground for reversal ex officio as above.
【Grounds for a new judgment】 No person constituting a crime shall distribute, sell, lease, or openly display obscene codes, documents, sound, images, or motion pictures through an information and communications network.
1. On October 24, 2014, the Defendant: (a) connected to the Internet NAV Kafeng “C (AD)” from the PC located in the Taean-gun, Taean-gun, Chungcheongnam-gun, Taean-gun, the Defendant posted and openly displayed the buckbucks and panty photographs among women’s legs that had previously been stored in the USB via the Internet, which had previously been downloaded by the Internet; and (b) posted and displayed the pictures taken below to the public.
2. On March 2, 2016, the Defendant: (a) connected the PC located in the Taean-gun, Taean-gun, Taean-gun, Taean-gun to the said PC to the F (F) “H”; (b) prior to the Defendant’s receipt of a download from the Internet; and (c) linked the said PC to the USB.