The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In other words, the Defendant had no intent to distribute the instant obscene materials to minors since the Defendant posted obscene videos (hereinafter “obscenity”) on the instant Internet sharing site, as stated in the facts charged, but the said posts can only be accessed by adults who have undergone authentication.

On the other hand, the Defendant’s distribution of obscene materials through the information and communications network was carried out as a result of the distribution of obscene materials by the Defendant’s act of distributing obscene materials, i.e., on September 1, 2017, and then suspended the distribution of obscene materials by accepting the legitimacy of the police officer in charge at the time to not distribute obscene materials in the future.

In doing so, considering the fact that the investigation of this case was initiated against the defendant in the situation where the defendant was against him, and that the facts charged of this case relate to the defendant's distribution of obscene materials from July 2, 2017 to August 2017, which was before the above trial was made, the investigation and prosecution of this case against the defendant are unfair.

B. Although other persons who distributed obscene materials through the above Internet access site were not subject to punishment, the sentence of the lower court, which is sentenced to a fine of KRW 500,00,00,000, is too unreasonable.

2. Determination

A. Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) provides that “No person shall distribute, sell, lease, or openly exhibit any obscene codes, text, sound, image, or picture through an information and communications network.” Article 74(1)2 of the Information and Communications Network Act provides that any person shall not distribute information with an obscene content distributed, sold, rented, or displayed openly, in violation of Article 44-7(1)1.