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The judgment below
The acquittal portion shall be reversed.
Defendant
A, B, and D are punished by a fine of two million won, and Defendant C.
Reasons
1. Progress of the case and scope of the trial of the court;
A. 1) The lower court acquitted the Defendants on the charge of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (hereinafter “Information and Communications Network Utilization and Information Protection Act”) among the facts charged against the Defendants, and convicted all the remainder of the facts charged. In so doing, the Prosecutor appealed on the grounds of misunderstanding of facts as to the innocence portion among the lower judgment, misunderstanding of legal principles, and unreasonable sentencing as to the whole of the
Therefore, the prosecutor appealed the part not guilty [the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity)].
3) The Supreme Court rendered a judgment of remanding the part of the judgment prior to remanding on the ground that there were errors by misapprehending the legal principles as to the obscenity of the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution), thereby adversely affecting the judgment. (b) In a case where there exist several orders of judgment, such as partially guilty of the case charged at the same time as a concurrent crime within the scope of the judgment of the court, and partially not guilty, the part included in the relevant one order may be appealed separately from other parts. In such a case, the part on which both parties have not appealed shall be separately determined (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992). In this case, the part on conviction in the judgment prior to remand was separated from the judgment of the court below, and thus, the scope of the judgment of this court is limited to the part on acquittal, which is the part reversed and remanded
2. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the Defendants obscene.