A defendant shall be punished by imprisonment for four 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 October 28, 2018, the Defendant opened a channel of the name “E” in the Gyeonggi-si B and C where the Defendant’s residence is the Defendant’s Internet site, and produced and posted a video files recording the pictures and sound in which both men and women have sexual intercourse with the title “F”, and made and posted them. From April 2018 to October 28, 2018, the Defendant produced and posted a video files recording a total of 22 obscene sound, as shown in the attached list of crimes, from around October 2018.

Accordingly, the Defendant posted obscene sound openly through information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on internal investigation (Evidence Nos. 2, 9) and other closure photographs attached thereto;

1. Recording notes;

1. Application of Acts and subordinate statutes to reference materials, including details of accounts transactions;

1. Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. of Specific Crimes and Articles 74-7(1)1 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (generally, the legal benefits from damage are uniform, and the act of display is repeated in the same manner with the same criminal intent for a single and continuous period following the single and continuous criminal intent, and thus constitutes a single comprehensive crime. A prosecutor is indicted as concurrent crimes, but the court recognizes the criminal facts alleged in the criminal facts charged as a substantive concurrent crime even though he/she was punished as a single comprehensive crime with a different legal evaluation on the number of crimes, as it does not affect the defense of the defendant (see, e.g., Supreme Court Decision 87Do546, Jul. 21, 1987).

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).