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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant: The sentence of the lower court’s unfair sentencing (excluding exemption from punishment for the crimes of Articles 1 and 2, 2, and 2017, 460, 2017, 200, 2000, 2017, 460, 2017, 206 months, 200, 2017, 147, 3) is too unreasonable.
B. Prosecutor 1) misunderstanding the legal doctrine, the instant video works constitute obscene images.
However, the lower court rendered a not-guilty verdict on this part of the facts charged, so it erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination
A. Determination as to the Prosecutor’s assertion of misapprehension of the legal doctrine 1) No person who is the summary of a public prosecution room may distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture through an information and communications network.
A. From May to June, 2016, the Defendant, using a computer located in Daegu Northerndong, visited “K” as an clinic from the Internet file-sharing site, which is an Internet file-sharing site, using a computer located in that location, made it possible for many and unspecified persons to download a file, which is obscene video, i.e., e., “sking off off,” which is an obscene image from which gender is sexually related, by accessing “K” to “K” and which is an obscene image from which gender is sexually related.
Accordingly, the Defendant distributed and displayed obscene images through information and communications networks.
B. From June to July, 2016, the Defendant, using a computer located in the Daegu Northerndong, sent ID to “D” and “F”, which connects the Internet file sharing site to “new disks (htp:/sedisk.com)” and “F” and wishes to put in “L” and “L”, a video with the content of sexual intercourse between men and women with obscene sex to adults.
“Along with the initial text of this Article,” three files of “dial-a-a-a-law women” were opened so that many and unspecified persons can download.
In this respect.