A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who broadcasts the Internet.

1. No one shall distribute, sell, lease, or openly exhibit any obscene codes, language, sound, image, or motion picture via an information and communications network by a person who is engaged in the promotion of the use of an information and communications network and the protection of information, etc. (obscenity);

Nevertheless, on January 2017, the Defendant distributed or openly displayed obscene images on the Defendant’s sexual organ, despite having been aware that many and unspecified persons have reported C’s Internet broadcaster D at his/her own residence located in Hanam-si, Gyeonggi-do. However, in the above D, the Defendant distributed or openly displayed obscene images on the Defendant’s sexual organ.

2. The Defendant publicly held obscene acts, such as engaging in conduct as set forth in paragraph 1 at the time, place, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 74 (1) 2 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. (referring to the distribution of obscene materials through an information and communications network) and Article 245 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes are as follows: (a) the Defendant, who was aware of the fact that the other party to the video hosting was transmitting his/her cryptic image while transmitting it, has exposed to his/her sexual organ and distributed and displayed it in real time by using the said broadcast, and the nature of such crime is not good.

The distribution of obscene materials through information and communications networks is highly harmful to society in light of the easy dissemination of such materials.

The defendant has been punished as a violation of the Act on the Restoration of Persons with Disabilities and an insult due to the statement while making the personal broadcast.