Text
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence 1 or 2 shall be confiscated.
39,596,170 won from the defendant.
Reasons
Punishment of the crime
No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.
Nevertheless, around 00:07 on January 26, 2016, the Defendant opened a video file with the Defendant’s home, Sungwon-si, Sungwon-si, Sungwon-si, C commercial building 619, using a computer to “htp (htp:///yse.com)” D, which is an Internet site, “E” and operated a video file with a male and female sexual intercourse on the said website as “E”.
From that time until April 13, 2016, the Defendant up to April 13, 2016, up to 2,115 times in total, as indicated in the list of offenses, carried out a video file in which both men and women have sexual intercourse.
Accordingly, the Defendant openly displayed obscene images on an information and communications network.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A report on internal investigation (in cases where he/she has taken a fluoral screen to the fluoral screen of the fluoral screen) and data by capturing the dynamic image attached thereto;
1. A report on internal investigation (in cases where a person suspected of being exposed has taken a dynamic image with his/her course of business attached thereto) and data by capturing the dynamic image attached thereto;
1. Investigation report (a suspect A’s obscene video material business, Round, site photographs, and materials attached thereto); and output attached thereto;
1. Application of statutes on records of seizure and lists of seizure;
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense ( comprehensively, the punishment of imprisonment shall be selected);
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing of Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Additional Collection has been continuously committed since around 2013, and the suspension of indictment was imposed on several occasions (10 times) or sentenced to a fine (7 times) and the wife was taken prior to the suspension of execution during the period of probation (3. 21 March 2014).