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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts, misunderstanding of legal principles, and omission of judgment 1) There is no evidence corresponding to the facts of each crime listed in the list of crimes, and only the list of the posts listed in the title of video images exists, and there is no evidence of each crime, but the judgment of the court below did not make a decision thereon, and all of the crimes listed in the list of crimes written in the indictment are found guilty.
2) It was not proven that the files listed in each crime sight list are obscene materials or the files presented on the instant site are obscene materials.
3) The Defendant had no intention to assist the Defendant in spreading obscene materials.
4) In order to operate the instant site operation business, the Defendant took all measures to prevent the distribution of obscene materials, such as regularly employing monitoring personnel in accordance with the legal standards, and monitoring manually.
B. The sentence of the lower court’s improper sentencing (a fine of five million won per fine) is too unreasonable.
2. Determination
A. There is no evidence to prove the facts of each crime of this case, and the court below's decision and the court court's decision on the assertion that the files of this case were not proven as obscene materials, and the following circumstances, i.e., the user's name and the date and time of business download, etc., other than the users specified as to the file downloading activities, are not indicated. However, each of the facts of this case is specified in the facts of each of the crime of this case by the users. The records of this case are accompanied by some video files and the file downloading screen, and each of the files of this case are posted within the "19 adults" category of the site, and the file name of this case appears to fall under obscene materials.