A defendant shall be punished by imprisonment for four 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

On September 4, 2012, the Defendant: (a) around 21:30 on September 21, 2012, at the rest room for a three-story computer exclusively for adults located in Ulsan-gu, Ulsan-gu; (b) informed customers C of the room by receiving KRW 5,00 per hour; and (c) connected the server computer through the computer installed in the above room and stored there; and (d) provided female children and juveniles with obscene materials containing the contents of sexual intercourse with adults.

In addition, from January 201 to September 21:30, 2012, the Defendant: (a) provided eight rooms with partitions and entrances installed in the above adult-only computer resting room; and (b) stored child and juvenile pornography stored in the server computer in the Internet-only computer; and (c) obtained income of approximately KRW 50 million per hour from the unclaimed customers who found the above adult-only computer resting room and received approximately KRW 2 million per month’s average by allowing them to view the above obscene materials; and (d) openly displayed obscene videos through the information and communications network at the same time with obscene images for profit.

Summary of Evidence

1. Defendant's legal statement;

1. As to the police report (general) and the control situation, etc.

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 8 (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts (including the display of performances of obscene videos used for profit-making purposes) and Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (including the display of performances of obscene videos used for information and communications networks as public performances of obscene videos, including the display of obscene videos used for information and communications networks);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment prescribed for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is heavier);

1. The defendant among the reasons for sentencing under Article 62(1) of the Criminal Act.