However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

No one shall distribute, sell, rent, or openly exhibit any obscene codes, door, sound, image, or motion picture via an information and communications network.

Nevertheless, around December 24, 2017, the Defendant, at the Defendant’s house located in Pyeongtaek-si B building and the Defendant’s house, connected to the “D” adult bulletin board to “D” account, posted obscene images emitting sexual intercourse between men, or sexual instruments as “G” in the title, and distributed or openly displayed obscene images on a total of 1,399 occasions, as shown in [Attachment Table 1 and 2], from February 24, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. 수사보고(피의자 특정 경위에 관하여), 수사보고(음란물 채증자료 첨부), 채증자료 및 스냅샵 2장, 수사보고(범죄일람표 작성 경위), 범죄일람표 19장 법령의 적용

1. Relevant legal principles concerning criminal facts, Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to distort the sound sexual consciousness and sexual concept of the general public through the information and communications network, and there is a lot of social harm in that obscene materials are rapidly and easily disseminated.

However, the defendant is led to confession and in depth, deleted obscenity, withdraws from the web harder member, and there is no penalty power exceeding a fine until her attitude.

Along with the above circumstances, various factors of sentencing, such as the period of posting obscene materials (including about one year and two months) and frequency (1,399), the size of profits gained therefrom (315,480 won), the Defendant’s age, character and conduct, environment, and circumstances after committing the crime, shall be comprehensively considered.