If the defendant does not pay the above fine, KRW 100,000.

On January 16, 2017, around 09:51, the Defendant posted 11 photographs on the same day, including the following day, from the stairs: (a) the Defendant, as the title “C,” the obscene site B, “C”; (b) the nameless winner, in response to his/her will, posted a photograph taken by the non-merchants’s physical parts against his/her will; and (c) the Defendant posted a total of 11 photographs on the same day.

Accordingly, the Defendant distributed video works taken against his will, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning notices;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, risk of repeating a crime; motive, method, consequence and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify the information; (b) the preventive effect of a sexual crime subject to registration that may be achieved therefrom; (c) the effect of protecting victims; and (d) restrictions on employment should be comprehensively taken into account in light of the Defendant’s age, family environment and social relationship; (d) history, history and motive of the crime; and (e) the method and consequence of the crime.