This case shall not be under the jurisdiction of the court.

1. The facts charged of the instant case shall not distribute information with a content that distributes, sells, lends, or openly displays obscene codes, words, sound, images, or motion pictures via an information and communications network;

Nevertheless, around June 28, 2012, the Defendant, at around 21:39, connected the Internet file sharing site B 102 Dong 203 (C apartment), with Adid “D” on the file sharing site (www.fil joint and several) and displayed the sex of both men and women, the obscene image of which is exposed to sexual intercourse, and the obscene video of which is displayed to many and unspecified persons.

2. Article 4 (1) of the Criminal Procedure Act provides that the territorial jurisdiction of the court shall be the place of crime, the address, the domicile or the present location of the defendant.

According to the records, the crime scene of this case, the defendant's domicile, residence, and present location are Seoul, and there is no evidence to acknowledge that the court has territorial jurisdiction in this case. Thus, this case does not fall under the territorial jurisdiction of the court.

I would like to say.

In addition, on May 24, 2013, the Defendant submitted a written application for transfer stating that the instant case may be tried in his/her residence to the court. The submission by the Defendant to this court without territorial jurisdiction constitutes an application for lack of territorial jurisdiction under Article 320 of the Criminal Procedure Act. Thus, it is so decided as per Disposition by the assent of all participating Justices on the pronouncement of violation of jurisdiction under Article 319 of the Criminal Procedure Act.