The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios) of the Defendant’s obscene materials distribution acts are in substantive concurrent crimes by each act, and constitute a single comprehensive crime.

Even if the defendant's criminal intent is renewed in light of the method, period, accomplice relationship, and content of the crime, the court below rendered a judgment of acquittal against the defendant by deeming that the crime in the final summary order and the facts charged in this case constitute a single comprehensive crime. In this case, the court below erred by misapprehending the legal principles as to the single comprehensive crime, which affected the conclusion of the judgment.

2. Determination

(a) Where a number of acts constituting the name of the same crime continues to be committed for a certain period under the single and continuous criminal intent and where the legal benefits from such damage are the same, each of these acts shall be punished by a single comprehensive crime, in total, but where the unity and continuity of the criminal's intent are not recognized or the method of committing a crime is not the same, each of the crimes constitutes substantive concurrent crimes.

(Supreme Court Decision 2007Do8645 Decided November 11, 2010). B.

According to the evidence duly adopted and duly examined by the court below, ① the Defendant agreed to distribute the profits from obscenity using obscene videos to 3:7 on his name and web site. ② However, the Defendant paid 200,000 won to B on May 26, 201, and received the Agricultural Cooperative Account, resident registration number, etc. opened in his name, and entered the file in B’s name with the clinic of “C”, and ③ the Defendant opened the obscene videos stored in his own web site at his own house, and the file manager of the said web site was aware of the obscenity’s obscene videos, etc. while engaging in obscenity work on the web site.