The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months and by imprisonment for Defendant B.

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (10 months of imprisonment) is too unreasonable.

B. The lower court found Defendant B 1 guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, Etc. (distribution of obscene materials) among the facts charged in the instant case on the premise that the Defendant conspired with A to operate a obscene site. However, the instant obscene site operator is merely A, and the Defendant’s production, sale, and post management at the request of A may not be deemed as an aiding and abetting offender.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.

2) The sentence sentenced by the lower court (six months of imprisonment) is too unreasonable.

(c)

(1) In the instant case, the Defendants posted only a shared information file that stores route information, etc. available for access to the original file possessed by the earth rental service users, not the original file of the relevant copyrighted work, in misunderstanding of facts or misapprehension of legal principles.

However, this is nothing more than allowing users to secure original files of copyrighted works, so the defendants can fully recognize the fact that they infringed on the property rights of copyrighted works.

Therefore, the lower court acquitted the Defendant on the violation of the Copyright Act among the facts charged in the instant case, by misapprehending the legal doctrine, thereby adversely affecting the conclusion of judgment.

2) The sentence imposed by the lower court against the Defendants is too unhued and unreasonable.

2. Ex officio determination

A. Before making a judgment on the Defendants’ changes in indictment and the reasons for appeal by the prosecutor, the prosecutor shall examine the case ex officio, and in the trial of the prosecutor, the part as to the charges No. 1 of this case.