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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, since the primary facts charged in this case are fully recognized, the judgment of the court below is erroneous in misconception of facts.
2. Determination
A. The summary of the facts charged (part of the facts charged) (1) is that the Defendant engaged in the amusement business on the basis of “Catur” as the owner of the “Catur.” Although a person engaged in the amusement business affecting the public morals does not allow him to view or peruse obscene documents, drawings, films, motion pictures, sound records, and other obscene materials, the Defendant violated the rules to comply with the amusement business by enabling an unspecified number of people to view the catur after storing obscene videos on the website “Catur” on the basis of the Internet computer located in “Catur” No. 307, Sept. 18, 2012, on September 16, 2012.
(2) The burden of proof for the criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, so long as there is no such evidence, the defendant is suspected of guilt even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(2) In light of the aforementioned legal principles, the police interrogation protocol to the effect that the Defendant, among the evidence submitted by the Prosecutor, led to the denial of the content of the Defendant, and thus, the police interrogation protocol to the effect that the Defendant led to the confession of the facts charged of the instant case is inadmissible. On the other hand, among each guest room operated by the Defendant, the guest room where obscene videos are stored on a computer is no longer discovered, except the above 307 among the above 307 guest rooms, the police seizure protocol, seizure list, and on-site photo alone can only be acknowledged that the Defendant stored obscene videos on the computer of the above 307 guest room.