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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscenity) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as a camera, etc.) shall distribute, sell, lease, or openly display any obscene code, text, sound, image, or picture through an information and communications network;
Nevertheless, around October 2016, the Defendant: (a) rented Da 102, D 103, and E respectively; and (b) opened a computer at the same site; (c) connected the Internet file-sharing site with F’s ID-based “BG”; and (d) opened 31 video files, including the video of the title, “H,” in which the male and female members of the said site engaged in sexual intercourse with her sexual organ by exposing her sexual organ to her sexual organ; and (d) received 31 video files from October 2016 to August 4, 2017 from around 10 to around 2017, the Defendant re-written 15 video files with F’s obscenity as well as 31 video files to enable an unspecified number of members of the said site to view the obscene video files as members of the said site.
As a result, the Defendant distributed information that distributes, sells, or openly displays obscene images through the information and communications network, and at the same time distributed each body photographed by the victim I (Nos. 730,821 of [Attachment Table 1] and the victim J (No. 739,546 of [Attachment Table 1] that may cause sexual humiliation or shame.
2. No person who violates the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, etc. shall be knowingly provided with any divulged personal information for profit or any unlawful purpose;
Nevertheless, the defendant is not guilty of Sep. 2, 2016.