정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
A defendant shall be punished by imprisonment for not less than eight 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
No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.
1. Around March 3, 2013, the Defendant displayed obscene videos with obscene images exposed to the women’s sexual origin on the Internet site “Cry1” bulletin “Cry1” on an information and communications network (hereinafter “Sry1”), and displayed them for public display of obscene videos up to 30 times, as indicated in the attached List of Offenses (1) from around that time to April 23, 2013, by accessing the Goyang-dong, Mangdong-gu E 1527, Goyang-si, an information and communications network.
2. Around February 8, 2012, the Defendant, in G, displayed obscene images exposed to the female sexual organ from paid members from the title “Event-Tim-B-K-02-001” on the bulletin board of “JMDL” so that paid settlement members can view them by accessing the Internet site I, which is an information and communications network (H 406, Youngdong-gu, Mangdong-gu) in Goyang-si, and then openly displayed obscene images over a total of 8,445 times, as described in the attached Table (2), by receiving total amount of KRW 29,963,00 from paid members until June 19, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Each police statement of L, M, N,O, P, Q, R, and S;
1. Cuts of each photograph and each screen;
1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;
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., the choice of punishment for a crime, and the choice of imprisonment, respectively;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Social service order under Article 62-2 of the Criminal Act;
1. Confiscation Article 48 of the Criminal Code.