A defendant shall be punished by imprisonment 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

The Defendant is a person who uses the “C” at the Internet file sharing website B.

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

Nevertheless, the defendant from August 2018 to the same year.

9. From the Defendant’s residence located in C up to December, 12, a total of 500 obscene video works, as shown in the attached list of crimes, as shown in the following: (a) connected to the Defendant’s residence located in D by a computer and downloaded the obscene video works on adult bulletin board as referred to in subparagraph (E).

Accordingly, the Defendant distributed or displayed obscene videos to the public through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for the provision of communications data;

1. Efafics by the suspect of his/her business fafics;

1. Application of Acts and subordinate statutes to report internal investigation (referring to reports on criminal intelligence and the details of receipt of the case);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the number of obscene materials distributed by the accused exceeds 500, etc. is disadvantageous.

However, considering the Defendant’s confession of the instant crime and the fact that there was no record of punishment exceeding the fine, etc., the Defendant’s age, character and conduct, motive and means of the instant crime, and the circumstances after the commission of the crime, the punishment as set forth in the text shall be determined by taking into account all of the following factors: