A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

At around 06:00 on December 31, 2012, the Defendant entered a DNA “D” into “D” program, an Internet file sharing program (hereinafter “D”) using computers, and made it possible for unspecified members to download it with six obscene materials using child and juvenile pornography in the bulletin board of the program, for the purpose of exchanging the files set up in the above D D D D in cash when other members download the files set up in the D D D D.

Accordingly, the Defendant distributed child and juvenile pornography for profit-making purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on investigation intelligence;

1. An investigation report (with regard to the details of refund prior to the date of exchange);

1. Application of Acts and subordinate statutes to investigation reports (hereinafter referred to as "report on the contents of telephone conversations");

1. Article 8 (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012);

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under subparagraph 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, Dec. 18, 2012), Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The defendant and his defense counsel asserted that the defendant's female in the video image posted by the defendant is not clearly recognizable as a child or juvenile, and thus, the defendant's acquittal should be pronounced against the defendant. According to the above evidences, the defendant's file title of the obscene material posted by the defendant includes "nick, brut, 3, and female students", and the above obscene material can be clearly perceived as a child or juvenile without any room for external deliberation when objectively observing the appearance of the appearing person's appearance, physical development, and head pattern from a social average person's perspective.