The prosecutor's appeal is dismissed.

1. Since the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Distribution of obscenity) and the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., which became final and conclusive, cannot be seen as having a relation of ordinary concurrence and universal crimes,

2. The summary of the facts charged is the owner of "C" of the third floor in Busan Southern-gu.

No person who runs an amusement business affecting the public morals shall allow any person to view or peruse obscene documents, drawings, films, films, records, video products, or other obscene materials at the place where the amusement business affecting the public morals is conducted.

Nevertheless, on April 4, 2013, the Defendant stored obscene materials on the computer screen page installed in each room in the above “C” operated by the Defendant on April 4, 2013, and did not comply with matters to be observed at the customs and business office by allowing customers D (ma, 53 years old) to view the stored obscene materials with a charge of KRW 5,000 per hour.

3. On July 4, 2013, the lower court acknowledged that, based on the evidence, the Defendant distributed obscene videos to many unspecified persons using a computer installed in the room on March 18, 2013, on the following grounds: (a) on the ground that the Busan District Court issued a summary order of KRW 2 million on July 23, 2013 due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc. (obscenity), and on July 23, 2013, the above summary order became final and conclusive; and (b) on the charge of criminal facts in the above summary order, the Defendant operated the adult ccam (PC) with the trade name of “C” at the place indicated in the facts charged, and, on March 18, 2013, allowed five customers to view obscene videos with the charge of KRW 5,000 per hour; and (c) the Defendant distributed obscene videos to the general public at the same place from February 4, 2013 to April 4, 2013.