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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant is a person who installs approximately 15 square meters in the underground space of a building located in Daegu Northern-gu B, and operates a “CPC bank” with five guest rooms, nine computer rooms, etc.
From April 27, 2012 to September 17:10, 2012, the Defendant had a communication network which connects computers installed in each room from the above PC to the server computer. From the above PC to the server computer, the Defendant stored 58 obscene video files using children and juveniles who expressed sex acts, etc. between children and adults, and 6,277 obscene video files containing sexual intercourse between men and women, including 5,00 won per hour, and 5,00 won per admission fee, and 5,00 won from the server computer, and 2,00 won from the server computer.
Accordingly, the Defendant openly displayed child or juvenile pornography for profit-making purposes, and openly displayed obscene video works using information and communications networks.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Police seizure records;
1. Each internal investigation report (A concerning the types of obscene business, and analysis of the number of obscene materials inside the voluntarily submitted hard disks);
1. An investigation report (related to the execution of a warrant of seizure, search, inspection);
1. Application of the Acts and subordinate statutes to output at the control site photographs, each obscenity list, each screen of obscenity images, each child, juvenile pornography list, each child, each digital evidence analysis report, each digital evidence analysis report, output of business data, output of business data, obscenity list for the use of children, children, juveniles, and obscenity screen to capture up the screen of each obscenity;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) A point where child or juvenile pornography is openly displayed for profit: A child or juvenile inclusive;