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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
[Basic Facts] From around 2006 to around 2014, the Defendant, while working as BJ (Brodcasting Jocky: Internet broadcast operator) for the Internet game, was subject to permanent suspension sanctions from D while advertising the Internet gambling site in one’s broadcast.
Since then, around November 2015, the Defendant opened an Internet Broadcasting Station “E” in a way similar to that of the above D and worked as BJ, and again changed the trade name to “F” and is working as BJ.
[Criminal facts]
1. Around January 28, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and the Act on the Promotion of Utilization of Information and Communications Network and the Protection, etc. of Information (Distribution of obscenity) (hereinafter “E”) sent the Defendant’s “E” broadcast to the Defendant’s personal broadcast in Nowon-gu, Seoul Special Metropolitan City, by accessing the Defendant’s home located in Seoul Special Metropolitan City, Nowon-gu to the broadcast of DJH (n, e, g, g, age 30) with the victim’s computer and allowing the victim to send the Defendant’s “E” broadcast to the Defendant’s personal broadcast.
Then, the Defendant: (a) committed an act of putting a sexual flag with his body off, her body with a brush and with an obscene dance, etc., with a view to such act; and (b) viewed the victim’s D broadcasting and approximately 300 persons with a view to whom approximately 40 persons had been viewed by the victim’s 40 persons.
E was sent to E’s broadcast.
As a result, the Defendant sent images that may cause sexual humiliation and aversion through the Internet with a view to inducing or meeting the sexual desire of many E viewers who have a large tendency of her or female suspicion, and displayed obscene images or videos openly at the same time.
2. Obstruction of business;
A. The Defendant committed the crime on January 28, 2016 at the home of the Defendant around January 28, 2016, and Paragraph (1) thereof.