정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
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 of the final judgment.
Punishment of the crime
1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display any obscene codes, text, sound, image, or motion picture through an information and communications network;
On October 4, 2019, at around 06:31, the Defendant, at the Defendant’s residence in Hongcheon-gun B, connected to the Defendant’s Twitter account (C: D: 73 persons) and posted a photograph exposed to one’s sexual organ, and displayed an obscene photograph, etc. on a total of four occasions from the aforementioned date to December 29, 2019, via an information and communications network, as described in the attached list of crimes (1).
2. On February 18, 2020, the Defendant had publicly obscene act 13 times in total from January 10, 2020 to February 18, 2020, as indicated in the annexed Table of Crimes (2) in the G company H (H) bus operated from the E terminal to the F terminal, while committing an act of self-defacing one’s sexual organ in his own face to his cell phone, and the victim I (V, 22 years old).
Summary of Evidence
1. Records of seizure of the defendant's legal statement, autopsy, report on the occurrence of the case, statement of damage, list of seizure, investigation report on voluntary submission (report attached to the list of crimes and copies of photographic images of the defendant), photograph of the suspect in motion pictures of the defendant;
1. Application of Acts and subordinate statutes to report on investigation into seizure records (report on revision of the list of crimes);
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereafter referred to as "obscenity") concerning facts constituting an offense, Article 245 of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;
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. Orders to provide community service and attend lectures;