A defendant shall be punished by imprisonment for one year.

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

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.

From July 2015 to October 2015, the Defendant connected to the Defendant’s home located in Nam-gu Incheon Metropolitan City C103 using a computer to the Internet, and connected the file-sharing site to “On-line (On-line.co.co.)”, the file-sharing site, thereby enabling many and unspecified members to download the obscene videos of “F”, where sexual intercourse between men and women is recorded as “D” in the Defendant’s name. Moreover, from around that time to around July 2015, the Defendant opened the obscene videos of “F” in which sexual intercourse between men and women was recorded, so that many and unspecified members of the said site could download. As indicated in the attached list of crimes, the Defendant sent a total of 3,34 obscene videos to six file sharing sites, such as disks, AA, file reading, file files, and documentary transport.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Copy of the police statement made to H;

1. Each complaint;

1. Each place of criminal;

1. Domestic investigation reports - Attachment of evidentiary materials;

1. A counter-investigation report;

1. Evidential materials cut down;

1. The application of Acts and subordinate statutes governing evidentiary materials (not less than three categories of investigative records);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense, the punishment of imprisonment and the choice of punishment shall be imposed;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shows the attitude of recognizing and opposing the Defendant’s crime, and the fact that the Defendant had no record of punishment prior to the instant case, etc. is favorable, the quantity of obscene materials distributed by the Defendant is considerable.