아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On May 29, 2018, the Defendant posted six children and juveniles pornography using the same bulletin board in the same manner from around that time to around November 15, 2018, as the title, “E after having opened a B’s account to SNS service providers in the U.S.” at the Defendant’s residence located in Seongbuk-gu, Daegu Metropolitan City, as follows: (a) opened the B’s bulletin board; and (b) posted the B’s child and juveniles pornography for children and juveniles using the school uniform on the said bulletin board; and (c) up to that time, up to November 15, 2018.
As a result, the Defendant distributed, openly exhibited, and shown child or juvenile pornography.
2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute or openly exhibit obscene images or videos through an information and communications network;
Nevertheless, around May 22, 2018, the Defendant posted 239 obscene videos which act of similarity between men and women in a physical state in the same manner as described in paragraph (1) at the places described in paragraph (1) around May 22, 2018, and posted 239 obscene materials from around that time to December 6, 2018.
Accordingly, the Defendant distributed or displayed obscene images or videos to the public through information and communications network.
Summary of Evidence
1. The application of the Acts and subordinate statutes to report the analysis report on the defendant's legal statement and the acts of spreading the SNS, respectively, on internal investigation by the defendant;
1. Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 1738, Jun. 2, 2020); Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (wholly amended by Act No. 1738, Jun. 2, 2020);