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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who uses ID “B” and “B” in a new disc (htp:/sedisk.com) on an Internet file sharing site.
On July 2017, the Defendant distributed obscene materials through an information and communications network by putting in business the obscene videos with sexual intercourse between men and women under the title of “E” at the Defendant’s residence located in Osan City D, 106, and “E”.
Summary of Evidence
1. Statement by the defendant in court;
1. Data on the screen of the business log file and the screen of the video file;
1. Application of the subscriber information-related statutes;
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant was sentenced to a suspension of indictment more than two times for the same type of crime in 2015, the Defendant committed the instant crime again on November 4, 2015, even though he had served as a fine of KRW 3 million on November 4, 2015. In addition, the Defendant’s crime of this case was detrimental to sexual morals and the environment for sound use of information and communications networks accessible to anyone was damaged.
However, it seems that the defendant did not do these acts in business.
The defendant recognizes his wrongness and reflects his wrongness.
The defendant alone supports a minor's child.
In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.