The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s Internet broadcast pictures by mistake of facts or misapprehension of legal principles do not constitute obscene materials.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts or of legal doctrine, the lower court was justifiable to have determined that the Defendant’s Internet broadcast pictures were obscenely expressed or expressed or expressed sexually by a dial method, and do not have a dominant educational value, such as the hysical or ideological scientific value, and did not constitute obscene materials. In so doing, the lower court did not err by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. In light of the first offender who had no previous record of judgment on the unfair argument of sentencing, or the criminal nature of the crime of this case, which the Defendant distributed obscene images to many people via the Internet broadcast, and the fact that there are no many benefits obtained from the crime of this case, and other various sentencing conditions indicated in the argument of this case, such as the Defendant’s age, sexual behavior, environment, etc., the sentence of the lower court is too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.