The judgment below

We reverse the part concerning collection among the penalty surcharges.

75,127,447 won shall be additionally collected from the defendant.

Defendant.

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (the penalty of imprisonment for August, the suspended sentence of two years, community service, 80 hours, confiscation of the evidence Nos. 1 through 8, 95, 127, 447 won) is too unreasonable and unfair.

B. The lower court determined that: (a) the Defendant’s use of the instant site constituted a criminal proceeds, which is a property derived from the instant criminal act, only KRW 25,200,00,000, in the event that obscene materials were displayed through the distribution advertisement among KRW 95,127,447, which the Defendant acquired while operating the instant site; and (b) 20,000,000,000 won of the encrypted money directly purchased by the Defendant should be excluded from criminal proceeds.

On the contrary, the court below collected all the defendant's distribution advertising proceeds as criminal proceeds, and the court below erred by misunderstanding legal principles and misunderstanding of facts as to additional collection.

2. Determination

A. In full view of the various sentencing conditions indicated in the records and arguments of this case, the lower court’s punishment is unreasonable, on the grounds that there is no particular change in the sentencing conditions compared with the lower court’s determination on the assertion of unfair sentencing, and that the Defendant distributed a large quantity of obscene materials for a prolonged period of up to one year, and that the Defendant’s aforementioned assertion is without merit.

B. According to the evidence duly admitted and examined by the lower court, the lower court on the argument that only advertising charges in cases where obscene materials were displayed through one-time advertisement on the claim on the collection of additional collection portion constitutes criminal proceeds, the Defendant operated the instant obscene material distribution site where anyone can download obscene pictures and videos free of charge without membership, and the Defendant received advertising fees by allowing a large number of unspecified persons to display them on the said site.

According to these facts, operating the site of this case in which the Defendant distributed obscene materials itself constitutes the criminal act of this case, and (B) the Defendant.