A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

[2019 Height629] No person shall distribute, sell, rent, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network.

On January 10, 2016, the Defendant: (a) connected to the web hard site “D” using one’s own computer in the Yongsan-gu B Building C, Yongsan-gu; (b) opened and distributed obscene images from sexual intercourses or sexual instruments, etc. to the “F” title; and (c) received points in total amount of KRW 13,030,000,000, in which obscene images are up to 1,783 times in cash and exchanged on the said website by April 13, 2017, as indicated in the attached list of crimes, from that time.

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

[2019 Height96] No person shall distribute, sell, lease, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network.

On June 3, 2018, the Defendant, using his own computer, connected to “E” account in the Web Dondong-gu B building C, Goyang-si, Ilyang-si, the Defendant received points equivalent to KRW 200,000, which is 200,000, which is able to exchange in cash and distribute obscene images emitting sex-related figures or sexual instruments, etc. as “H”, by putting them in business with the title of “H”.

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

Summary of Evidence

[2019 Highest 629]

1. Defendant's legal statement;

1. 105 copies of basic information on the accounts, and output of the details of withdrawals by account; and

1. Originals of seizure D and original X-rayed files (ROMs) (2019 order 966);

1. Defendant's legal statement;

1. Evidential materials submitted by the complainant (webbed photographs)

1. Application of the Acts and subordinate statutes in Chapter 1 of the video CD;

1. Article 74(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., concerning the relevant criminal facts and the choice of punishment;