Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials) shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography;

Nevertheless, from the early of June 2016 to September 12:45, 2016, the Defendant received a total of 993 children and juveniles pornography files, including “E”, a child or juvenile pornography, which was downloaded by using a “D” program, an Internet file sharing program, on his/her own hard disc, from his/her own dwelling to the early of May 19, 2016.

2. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or screen obscene materials for children or juveniles;

Around September 23:41, 2016, the Defendant stored 15 files listed in [Attachment D] Nos. 1 to 15 [Attachment D] Nos. 1 to 15] through the aforementioned D program in the co-owned brand and distributed obscene materials for the use of children and juveniles to an unspecified number of people through the D program.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the protocol concerning the examination of suspect by the prosecution and the protocol concerning the examination of suspect by the police;

1. A protocol of seizure and a list of seizure;

1. On-site report (IPG subscriber’s inquiry) and internal investigation report (related to attachment of obscene materials for children’s use) - photographs and investigation reports (the result of analysis of hard diskss) by capturing obscene materials for children’s use (the result of analysis of hard disks), the Defendant and the defense counsel did not know that the files received by the Defendant who was familiar with the use of the D program were automatically shared, and thus, the Defendant did not have the intent to distribute obscene materials for children and juveniles’ use.

The argument is asserted.

From the stage of investigation, the defendant is now present.