정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who works as the "D" in the Internet web site C, which is a web site.
No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.
On September 12, 2016, the Defendant distributed and sold obscene videos over 504 times from the time on August 1, 2017, by visiting the Defendant’s house in Gwangju-gu, Seo-gu, 105 to the said site using a computer, and by which both men and women have sexual intercourse, as the title “F” on the sales bulletin, in order to acquire points that can be deposited in cash.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police suspect interrogation protocol against the accused;
1. Data on replys to execution of each warrant, and data to capture obscene video sales;
1. Application of Acts and subordinate statutes concerning obscene video CDs;
1. Relevant Article of the relevant Act and Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., and Selection of imprisonment, respectively, concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The motive for committing the crime is bad in that the defendant with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act distributes obscene materials for the purpose of money.
The period of crime also leads to 504 obscene video images circulated by the defendant.
However, the defendant is the first offender and does not have any profit from the crime.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.
It is so decided as per Disposition for the above reasons.