The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not post such obscene video works on the file sharing site on the date and time of the crime as stated in the attached Table 1 (1) attached hereto, which is attached to the lower judgment.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with the contents that the prosecutor withdraws part of the facts charged in the trial before the judgment on the grounds for appeal ex officio, and since this court permitted this, the judgment of the court below is no longer maintained.

(1) The court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act.

Criminal facts

No one shall distribute, sell, rent, or openly exhibit any obscene codes, words, images, or motion pictures through an information and communications network.

Nevertheless, on December 29, 2005, the Defendant entered as a member of the ID “D” in C, a member file sharing site, and then posted the obscene image as “E” on April 2, 2010, which contains the sexual intercourse between men and women, who were in possession of the said site at the clinic and displayed it as “at the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period from the end of the period.”

Summary of Evidence

1. The defendant's oral statement in court;

1. 음란물 스크린샷 법령의 적용

1. Article 74 (1) 2 and Article 44-7 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;