Text
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.
Reasons
Punishment of the crime
From March 16, 2012 to March 27, 2012, the Defendant: (a) opened one computer in six personal rooms for customers, respectively, while operating a telephone room called Masung B from March 16, 2012 to March 27, 2012; (b) installed one computer in six personal rooms for customers; (c) paid 100,000 won per month to children and juveniles using children and juveniles, and adult pornography C operator D; and (d) provided children and juveniles with obscene and adult pornography in real time; and (c) granted 12,00 won per hour to unspecified male customers who found the above telephone room and received 12,00 won per hour under the pretext of usage fees to female students sexual intercourse with other students and adults; and (d) allowed male and female women to watch and listen to the same, including 95 parts of child and juvenile pornography, including the video files, etc., as described in the item of “(3D) in which they exposed their sexual organ and have sexual intercourse with other students.
Accordingly, the Defendant sold child or juvenile pornography for profit, and sold obscene images via information and communications networks.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of each police suspect regarding D;
1. Application of Acts and subordinate statutes to captures of suspect computer screen and C site closures, new bank account details, and obscenity video images;
1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., comprehensively covering the relevant criminal facts;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act. Article 40 (Punishment as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity)
1. Article 62 (1) of the Criminal Act (including circumstances leading to the crime, the same kind of criminal records, and the fact that the business has been closed at present);
1. Where a conviction on the criminal facts of this case against a defendant who has registered personal information under Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the above defendant shall be personal information.