A defendant shall be punished by imprisonment for not more than ten 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 information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture via an information and communications network.

On December 27, 2012, around 18:18, the Defendant: (a) opened a video file of the title “(b) in which the sexual intercourse between men and women is recorded on the hard disc site (www.onisk.co.k.r.) in which the sexual intercourse between men and women is recorded, the Defendant distributed obscene images via an information and communications network by enabling an unspecified number of visitors who visited the said site to download the file if they pay a certain point.”

In addition, as indicated in the attached list 1, 2, 3, 4, and 5, the Defendant distributed obscene images containing male and female sexual intercourses, etc. in the file-sharing site, such as the hard disc site, the hard disc site (www.kis.co.k.), and the home disc site (www.bonisk.com) at 18,176 times from December 17, 2012 to October 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol of seizure;

1. Answer to each warrant of search, seizure, and verification and reply to a request for the provision of data verifying the communications;

1. A photograph of each screen closure;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the penology and the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment);

1. Social service order under Article 62-2 of the Criminal Act;

1. Confiscation Article 48(1) of the Criminal Act