A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended 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, around September 6, 2017, the Defendant sent obscene images over a total of 1,849 times from around the time to June 9, 2018, including, but not limited to, access to “D”, which is the Defendant’s workplace located in Kimpo-si B, to “D” as a web site, and downloaded to “F”, the title of “F”, which is called “E”, by linking the Defendant’s work at the web site, the Defendant’s workplace, and obtained approximately KRW 1,410,00 won by converting it into cash, as indicated in the list of crimes in attached Table, from around that time to June 9, 2018.

Accordingly, the Defendant distributed obscene images on the Internet site, which is an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the police suspect against the accused, and photographics, crime sights, and DNA points records after closure;

1. Report on investigation by the prosecution (report attached to DNA seized materials);

1. Police investigation reports and accompanying materials;

1. Application of the search and seizure warrant and the reply statute;

1. Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Selection of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that obscene materials, such as the instant crime, are distributed rapidly and easily through information and communications networks that contain the risk of distort the general public’s sound sexual consciousness, and thus, it is necessary to eradicate such social harm strictly.

Not only the amount of obscene materials posted by the defendant is reasonable, but also the posting period is long time.

The fact that the defendant has a record of punishment for the same crime is also disadvantageous to the defendant.

(b).