A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

On January 1, 2018, the Defendant attached a list of obscenity 52,438 public prosecutors from October 26, 2018 to October 26, 2018. However, since the Defendant’s residence located in Busan Shipping Daegu, attached a list of obscenity 52,438 to the attached Form, it constitutes a single comprehensive crime, the Defendant’s access to “C” with the ID of “D” to the Internet file sharing site “C” where sexual intercourse between men and women was taken, and the space of sexual intercourse between men and women was recorded, the term “BB 2017mp4” in which sexual intercourse was opened. Moreover, the attached Form does not include the time, termination period, method, and frequency of the crime, and the number of crimes.

The obscenity file was downloaded so that many and unspecified website members can download it.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as C replys, investigation reports (DVD storage of obscene videos and closures of video screen pictures), and business logs;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Punishment of Criminal Proceeds Concealment: The defendant appears to have an attitude against his/her mistake; the primary offender was the first offender; the circumstances that all posted obscene materials were deleted: quantity and period of the crime; the defendant’s age, environment, character and conduct; circumstances leading to the crime; etc. after the crime.