A defendant shall be punished by imprisonment for six 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 information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture via an information and communications network.

Nevertheless, on July 15, 2019, the Defendant opened 10 obscene materials files on the same website from November 12, 2018 to July 16, 2019 in the same manner on the same website, and made many unspecified users of the same site to view or download the said videos by revealing a sexual organ by using “D” ID on the B website (C) to reveal a sexual organ and to run a sexual intercourse.

Accordingly, the Defendant distributed or displayed obscene videos to the public through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to screen a internal report (faging down and DVD storage), a list of obscenity stored, and a list of obscenity 10 obscenitys;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant’s distribution of obscene materials through the information and communications network may lead to rapid and easy dissemination of obscene materials to the general public, resulting in a lot of social harm. The period, frequency, and quantity of the Defendant’s publication of obscene materials are also a large amount of time, frequency, and obscene materials.

However, the defendant has no record of committing the same offense, and there is no record of crime other than one time of fine, the defendant reflects his mistake, and other defendants.