정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall distribute information with obscene contents in the form of code, text, sound, image, or motion picture distributed, sold, rented, or displayed openly through an information and communications network.
Nevertheless, around 15:20 on March 21, 2014, the Defendant operated “E” on the 13th underground floor of “D Building” located in Seoul Special Metropolitan City, Nowon-gu, and installed 13 computers, including one computer, and displayed obscene videos openly by allowing customers using computers and information and communications networks, and allowing visitors to view obscene videos.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police investigation of suspect with regard to F;
1. Application of Acts and subordinate statutes to the site and photographs of seized articles;
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 48(1) of the Criminal Act provides that the defendant shall be punished as ordered by taking into account the following circumstances: (a) the defendant’s criminal records are twice the same offense; (b) the defendant reflects his/her criminal conduct and disposes of the instant telephone call; and (c) the defendant’s age, character and conduct, family relationship, motive, means, and consequence of the crime; and (d)