1. The judgment of the court below is reversed.

2. The defendant shall be punished by a fine not exceeding one million won;

3. The defendant does not pay a fine;

1. Summary of grounds for appeal;

A. Compared images distributed by the defendant against misunderstanding of facts and misapprehension of legal principles (as to the crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), shall not constitute child or juvenile pornography.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. We examine ex officio the reasoning of the Defendant’s appeal prior to the judgment.

In the trial court, the prosecutor deleted "Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity)," and "Article 8 (4) and Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse" in the applicable law, and applied for the amendment of the indictment to change the facts charged accordingly, and since the subject of adjudication is changed by this court's permission, the judgment of the court below was no longer maintained.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows after the pleading.

Around October 4, 2012, the Defendant had access to the Defendant’s house located in Jongno-gu Seoul Metropolitan Government Jongno-gu to the clinic of “E” (www.1004Disk.com) site, the file sharing site, and distributed two obscene video files via an information and communications network from that time to October 11, 2012, by inserting the files of “F” and “G” files stored in a computer as “H” in the joint data room of the astronomical disc adult data room, thereby allowing other users to download two obscene video files.

Summary of Evidence

As stated in the judgment of the court below, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 1 of the relevant Act concerning criminal facts, promotion of the use of information and communications networks and protection of information, etc.;