정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
A defendant shall be punished by imprisonment for 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
The Defendant, using the “D” on the Internet file sharing website “B”, is a person who receives part of the points that the Defendant paid each time he/she received from the above site operator a part of the points that he/she received from the said site operator and obtains profits from cash exchange whenever he/she uses obscenity as “D” on the said site.
No one shall distribute, sell, rent, or openly display any obscene codes, letters, sound, image, or motion picture through an information and communications network.
Nevertheless, around August 30, 2018, the Defendant opened up 8,911 obscene video images as shown in the attached list of crimes from December 14, 2015 to October 8, 2018, including where the Defendant used a computer at the Defendant’s home located in the building E E, Yongsan-si, and used the computer to run sexual intercourse with the Defendant’s sexual organ exposed to the above B website, and distributed and displayed obscene video images, such as obtaining a total of KRW 3,690,000 from August 30, 2018 to October 4, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (related to execution of a seizure warrant (2018-27323, B) and reply), e-mail reply details, response data, etc., Defendant’s withdrawal details, and CDs in B reply data files;
1. Investigation report (related to the attachment of original images of the Round);
1. Application of Acts and subordinate statutes to investigation reports (the analysis of original files of obscene videos sold by a suspect);
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. for Criminal Facts and Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act regarding community service order;
1. The circumstances below the reasons for sentencing under Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, and the age, character and conduct, environment, motive, means and consequence of the crime.