A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No one shall distribute, sell, lease, or openly display obscene images or videos through an information and communications network.

Nevertheless, the Defendant leased a server computer from a web hosting company located in the U.S. at the home/cell bulletin board of 2013, Oct. 28, 2013, using “D”, the Defendant posted a notice to enable an unspecified number of members to receive obscene pictures and videos as “Ilcheon-si, Seoul Special Metropolitan City B building 401, whose residence is his/her place of residence,” so that he/she can receive them with obscene pictures and videos by means of “D” and “Ilk-gu, 2013.11.03,” [in Korea] the so-called “Il-dong, 2013.12.06, 2013”

Accordingly, the Defendant distributed or displayed obscene images or videos to the public using information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on reporting of internal intelligence (A notice accompanied by data on the screen of the C notice), reporting of internal intelligence (C NAD’s investigation)

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;