A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

No one shall distribute, sell, lease, or openly exhibit any obscene codes, phrases, images, or motion pictures through an information and communications network.

On December 12, 2015, at around 01:30 on December 12, 2015, the Defendant connected the Internet file sharing site “C” to the “D”, and then posted a video image containing a face-to-face where both men and women have a sexual intercourse from “C” under the title of “D” [L] Black-to-Nam-Franc,” and up to August 28, 2018, the Defendant posted a sex-related video on a total of 12,233 occasions as shown in the list of crimes, and made it possible for unspecified persons to view the video at the above site openly.

Accordingly, the Defendant openly displayed obscene images using information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (to be accompanied by obscene materials files posted by a suspect), CDs, investigative reports (related to IDs and access IPs used by a suspect), and investigation reports (related to profits from spreading obscene materials to a suspect);

1. Application of Acts and subordinate statutes upon request for provision of communications data;

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

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

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

1. Article 75-2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed an act of spreading obscene materials more than 12,233 times during a period exceeding 2 years and 6 months for the purpose of punishing money.

However, the defendant seems to have an attitude against the defendant, the amount of profit gained by the defendant from the crime of this case, and all other factors of sentencing, including the defendant's age, environment, previous conviction, etc., shall be determined as ordered.