Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No one shall distribute, sell, rent, or openly display any obscene information in the form of code, words, sound, image, or motion picture via an information and communications network, and no one shall disclose information to the public through an information and communications network with intent to defame a person.

Nevertheless, around February 14, 2015, the Defendant connected to C, which is a file sharing website B, 102 dong 1502, with "D," and made it possible for the Defendant to receive the above video files when the victim (the 31 year old) makes a sexual intercourse with his/her body with his/her father-gu and sexual intercourse with his/her body, and when the member pays the user fee, he/she can receive the above video files.

As a result, the Defendant sold obscene images through information and communications networks, and at the same time, damaged the reputation of the victim by divulging facts openly to the public for the purpose of slandering the victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of a copy of the statement prepared by the police;

1. Application of Acts and subordinate statutes described in a monitoring report (Evidence No. 4 of Evidence Records);

1. Relevant Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereafter referred to as “obscenity”), Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.,

1. Articles 40 and 50 of the Criminal Code of Commercial Concurrent Crimes (a punishment imposed on a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc. with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;