A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

[2019 Highest 1502] No person shall distribute, sell, rent, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network.

Nevertheless, at around 20:28 on December 11, 2018, the Defendant sent obscene images, such as sexual intercourses, on the web hard site B, and up to December 30, 2018, the Defendant posted an obscene image, such as sexual intercourses, on the bulletin board. From around that time, up to December 30, 2018, the Defendant posted obscene images 110 times in total, and made the said website members download obscene images.

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

[2] No person shall distribute, sell, rent, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network.

Nevertheless, at around 19:59 on December 6, 2018, the Defendant connected Adi “C” and the Adiene “D” to the web hard site F, posted obscene images, such as sexual intercourses, on the bulletin board, etc. from around that time to February 28, 2019, by posting obscene images on a total of 708 occasions, as described in attached Table 2, and allowing members of the said website to download obscene images.

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

[2019 Highest 2150] The Defendant conspired to develop and sell automatic business program I, “J”, and “H” to download H and computer files in a large quantity on the file sharing site, and to draw up such files to the top end on the bulletin board, and H is a nameless program.