Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The Defendant runs a business in open display of obscene materials on an Internet documentary file (www.q.co.co.kr) and the documentary file site is a file sharing site operated by a member who shared a documentary file and a file in a way that combines revenues to 1:1 by dividing profits from a member who shared a documentary file and a file into 1:1 when he/she shares the file by P20 method.

1. No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network;

Nevertheless, around June 6, 2012, the Defendant shared obscenity images at the D Office located in the Nam-gu Incheon Metropolitan City, and displayed and distributed obscene images through an information and communications network by enabling many unspecified documentary files to download together from June 5, 2012 to June 19, 2012, as shown in the list of crimes, by sharing the video as shown in the list of crimes, such as sharing the video as set forth in subparagraph (a) to share the video as set forth in the item (i).e., the Defendant’s sexual intercourse (direct).

2. 피고인은 2012. 8. 31.경 전항 장소에서 큐파일 사이트에 아이디 ‘F'로 로그인한 후 교복을 입은 여자가 학교 탈의실에서 옷을 벗은 후 샤워실에서 성인남자와 성행위를 하는 '(서양)샤워하는 러시아 소녀 따라가서 ㅎㅎ.avi'란 제목의 동영상을 공유하여 불특정 다수의 다른 큐파일 회원들이 다운로드 할 수 있도록 함으로써 정보통신망을 통하여 음란한 영상을 공공연하게 전시ㆍ배포 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal report (to attach servers related to the distribution of obscene materials and documentary evidence), a criminal investigation report (to attach additional documentary evidence of ordinary obscene materials);

1. The suspect's child pornography sharing log data, QHh program completion and closure data (l.e., file ID).