Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, Defendant A’s sexual organ was exposed, or Defendants conspired to exhibit images of each other’s sexual intercourse to C on November 1, 2019, and Defendant A’s pictures exposed to the sexual organ were displayed in D with the content of “ice ice ice ice ice” at an insular place around November 1, 2019, and then, Defendant A conspired 60 times in total from that time until February 15, 2020, and displayed obscene images via an information and communications network.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the images posted and investigation reports (Evidence Nos. 11);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The instant crime is spread through an information and communications network with high risk of distorting the general public’s sound sexual consciousness and sexual sense, and thus, it is necessary to eradicate the crime strictly due to the lack of significant social harm.

The images displayed by the Defendants were exposed to a sexual intercourse between the Defendants, such as a sexual organ, etc., and the degree of the obscenity was significant, and the images were taken from public places or outdoor.

The motive for the crime of this case is also bad for profit purpose.

The number of crimes was high, and the period of crimes was three months.

The favorable circumstances: The defendants' profits acquired from the crime of this case are not significant.

Defendant

A, as green age, has committed a crime as a proposal by Defendant B, and according to its statement.