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A defendant shall be punished by imprisonment with prison labor 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.
Reasons
Punishment of the crime
No one shall distribute, sell, rent, or openly exhibit obscene images or videos through an information and communications network.
Nevertheless, from April 10, 2019 to May 29, 2019, the Defendant visited 'E' and 'F, the Internet file sharing site of 'D' to the Internet account in the Gu, Si, si, and Gu, B, and C' from April 10 to May 29, 2019, made it possible for many and unspecified persons to freely access 662 obscene video as shown in the attached list of crimes.
Accordingly, the Defendant distributed obscene images or videos through the information and communications network.
Summary of Evidence
1. Defendant's legal statement;
1. Response to a request for provision of communications data and reply to a warrant of search, seizure;
1. Application of Acts and subordinate statutes for internal investigation reports (verification of obscene motion pictures).
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the choice of punishment for committing a crime ( considered the period, frequency, etc. of the crime);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 62 (1) of the Criminal Act (the existence of a previous offense and a mistake is reflected, and family relations, etc. are considered);
1. Article 62-2 (1) of the Criminal Act regarding community service order;
1. Article 10 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;