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A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence 2 shall be confiscated.
Reasons
Punishment of the crime
1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network;
A. On April 2018, the Defendant posted 28 obscene synthetic photographs as shown in [Attachment List Nos. 1 through 12, and 15 through 30], including posting a photo of the victim D, who is a female student of high school, by accessing “C”, which had a large number of participants in conversations at the residence located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.
Accordingly, the Defendant displayed obscene images openly through information and communications networks.
B. On February 19, 2019, the Defendant, by accessing the account (F) under his/her name at his/her own residence, posted a notice on the face photograph of G, a female student at a high school, and a photograph of gender relationship between male and female, as shown in the [Attachment 31] list of crimes.
Accordingly, the Defendant displayed obscene images openly through information and communications networks.
C. Around January 8, 2020, the Defendant connected the telegram to the telegram “H” at his own residence, and sent copies of the pictures as indicated in Nos. 1 through 12 and 15 through 18, while the Defendant engaged in the divesing with “I” and the dives.
Accordingly, the Defendant distributed obscene images via information and communications networks.
2. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) and violation of the Information and Communications Network Utilization and Information
A. The Defendant posted an obscene synthetic photograph of the VictimJ, a female student at a high school, at the time and place specified in paragraph (1) above, to “C” which had a large number of participants in a conversation at the same time and place, and expressed it to the victim together with the above participants.