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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized evidence 1 through 3 shall be confiscated, respectively.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the point of a person who is an accomplice) is merely a conversation that can be generally divided into B and B in relation to the subsequent investigation conducted by B prior to the investigation conducted by B, and thus, it cannot be viewed as an act of aiding and abetting an offender since it belongs to the exercise of normal right of defense. Furthermore, as the investigation agency did not actively state false facts in order to escape the Defendant who is an accomplice, in the investigation agency, and thus did not commit an act of aiding and abetting an offender. Nevertheless, the court below convicted the Defendant of this part of the facts charged, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts. 2) Of sentencing and sentencing, the punishment (one year of imprisonment, 1 through 3 confiscation, 50, 65, 300 won) sentenced by the court below (the penalty
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We examine ex officio the judgment on the grounds for appeal by the defendant and prosecutor.
A. Reference to the application for permission of changes in indictment made on December 31, 2018, the application for permission of changes in indictment made on February 1, 2019, the application for permission of changes in indictment made on February 1, 2019, and the sixth trial record made on June 21, 2019
1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;
(a) No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or picture through an information and communications network;
Nevertheless, the Defendant, along with B, posted a large number of obscene materials files on the Internet file sharing site, such as D, at the residence of Gangseo-gu Seoul Metropolitan Government, on November 201, 2017, posted them on the Internet file sharing site, such as D, “E,” and proposed other users to exchange points received at a certain rate to have profits from downloading files, and the Defendant posted obscene materials on the file sharing site opened in the name of fatherF and B, and then the Defendant (G bank account: account number H) and the Defendant.