The defendant's appeal is dismissed.

1. Around April 16, 2013, at the Defendant’s house located in Seongbuk-gu, Sungnam-si, the Defendant: (a) connected the Internet P2P website to AD; and (b) distributed to an unspecified number of members using the said website a video file of child and juvenile pornography (hereinafter “obscenity”) with the title “(Lloita. Lloita. Lloita”) under the title “Lloita,” which “Lloita. Lloita,” which is known as a child or juvenile, and a woman’s child or juvenile pornography who is identified as a sexual intercourse, to store the video file of the child or juvenile pornography (hereinafter “obscenity”).

2. Summary of grounds for appeal;

A. The obscenity of this case in mistake of facts is that a third party who uses the file clorry has run arbitrarily to the defendant's account without knowledge of the defendant.

Therefore, the obscenity was distributed.

Even if this is not due to the defendant's act, there is no intention to distribute it to the defendant.

B. The evidence of this case constitutes illegally collected evidence and downloads the obscene materials of this case by the police officer illegally connected to the file room. Thus, the evidence of this case is inadmissible as it constitutes illegally collected evidence.

3. Determination

A. Determination on the misunderstanding of Facts 1) The following circumstances revealed by the evidence duly adopted and examined at the lower court and the lower court: ① the file recording service is given and received between members in a P2P method; if a user wants to share with another user, it is made by means of downloading it; ② on April 16, 2013, a user’s account of AD “D” (hereinafter “the Pool”).

In this case, a large number of obscene materials, including the instant obscene materials, were stored, and at that time a number of users downloaded the files in the said spool, and ③ the instant materials.