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 exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, around 12:31 on March 29, 2016, the Defendant sent a notice to an unspecified number of members on obscene materials (F) in which both men and women have access to the B building in Seocheon-si, Seocheon-si, B, and the web website D (ID) E and they have access to the D adult bulletin board so that they have sexual intercourse by exposing their body.

From December 26, 2015 to February 24, 2019, the Defendant posted a total of 3,911 obscene materials as shown in the separate sheet of crime and acquired profits equivalent to KRW 8,938,600 in total.

Accordingly, the Defendant sold obscene images through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A police investigation report (in cases of attaching obscene materials) and capture photographs, etc. and a report on an investigation (in cases of preparation of a suspect's list of crimes), such as a report;

1. Application of Acts and subordinate statutes on serverDB data;

1. Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the act of spreading obscene materials, such as the crime in this case, is likely to distort the general public’s sound sexual consciousness, and thus, it is necessary to eradicate it strictly, given that there are considerable social harm in that obscene materials, such as the crime in this case, are distributed rapidly and easily through information and communications networks.

The amount of obscene materials posted by the accused is very large, and the posting period is a long time, and the profits generated by the crime is also reasonable.