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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, text, sound, image, or picture via an information and communications network.
1. On October 4, 2016, the Defendant: (a) connected to B (C) (hereinafter “E”) a web hard-to-face file sharing site; (b) distributed obscene images on the face of male and female sexual act by posting “F” as “F,” from September 26, 2017, by posting a total of 4,432 obscene photo files or videos, from September 26, 2017, by posting a total of 4,432 obscene video files or videos, from September 26, 2017.”
2. On February 1, 2018, the Defendant connected the file sharing website G (H) with a member ID who was a member of the Defendant’s name at the website G (H) located in Changwon-si, Changwon-si, the Defendant posted an obscene image taken of the sex of male and female as “J” as of April 16, 2018, and then distributed a total of 9,538 obscene photograph files or videos, such as the list of crimes (G) in attached Table 2018, to make it available for an unspecified number of members to download the said photograph files or videos if members pay a certain amount of money.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of seizure;
1. A report on internal investigation (a report related to attachment of a file list and closure of the B screen screen);
1. Investigation report (receiving the case of Seoul Minejin Police Station);
1. Application of the Act and subordinate statutes to a criminal report (criminal CD submission);
1. Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of the Use of Information and Communications Networks and Protection, etc. of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.