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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.
Nevertheless, the Defendant, around 03:00 on June 11, 2016, up to 03:50, up to a total of 7,856 times from June 15, 2014 to June 11, 2017, opened an animation screen with an animation video of male and female sexual intercourse, animation video, and obscene videos of the former male and female, a total of 7,856 times, as shown in the list of crimes, connected to the Internet web site “C” (www.fil joint venture).
Accordingly, the Defendant distributed or displayed obscene videos openly.
Summary of Evidence
1. Statement by the defendant in court;
1. Details of the withdrawal by fifty-seven sellers (C);
1. C business Round obscenity 10 copies of a video file screen and c business obscenity 10 copies of obscenity and one CD;
1. Application of Acts and subordinate statutes on information on subscribers tonet points, details of points accumulation, and details of points use;
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense, the punishment of imprisonment and the choice of punishment shall be imposed;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. The sentencing of Article 75-2 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. is highly high in the quantity of obscene videos that the Defendant circulated, and not only for a long time, but also for criminal proceeds derived therefrom.
In addition, the defendant has been punished by a fine from the court due to the same kind of crime from around 2013 or has been sentenced to suspension of indictment from the public prosecutor's office.