All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The Defendants did not have any intention to take part in the act of taking obscene materials on the D website by E and G, but did not discover the aforementioned obscene materials as a result of the writing process.

Nevertheless, the judgment of the court below which found the Defendants guilty of all the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if the Defendants were guilty of unreasonable sentencing, in light of the background and degree of the crime, etc., the sentence imposed by the lower judgment against the Defendants (each fine of KRW 7 million) is too unreasonable.

2. Determination

A. The Defendants filed an appeal on the assertion of mistake of facts on the ground of misunderstanding of facts by denying intention in the first instance court, which led to the confession of all the crimes of this case in the original court.

However, in light of the importance of the statement in court as to whether to admit the facts charged, it is not reliable to reverse the confession voluntarily made by the Defendants in the court of original instance, unless there are special circumstances.

In particular, the existence of intention is about the internal deliberation, and the defendants are well aware of it, so the confession is particularly highly reliable.

In the case of this case, the confession by the court of the court below is not reasonable in itself as the contents of the confession.

There is no circumstance to see that there is a conflict or contradiction with other circumstantial evidence as shown in the record and that there was no circumstance to see that the voluntariness of the confession of the defendants had influenced.

(2) At the time, the Defendants were provided with the assistance of counsel, and the defense counsel also stated in the court that recognized the facts charged of this case. As above, the Defendants’ confessions in the court below and other circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, G operates a club of the name “H” on the D website.