Defendant shall be punished by a fine of KRW 1,000,000.

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

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, around April 9, 2016, around 16:11, the Defendant run three obscene videos with the title “E”, “F”, and “G” in the “C” bulletin board, a file-sharing Internet website, at one’s own house located in Seo-gu Incheon Metropolitan City B Apartment 103 Dong 109.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Answers to respective communications data (the 24th page, 27th page of evidence records);

1. Application of the Acts and subordinate statutes to capture obscenitys (A);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [The prosecutor appears to the purport that "Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes" is stated in the Act applicable to the indictment to seek an order to attend a lecture or an order to complete a sexual assault treatment program necessary for the prevention of recidivism against the Defendant. However, the facts charged in the instant case concerns a crime of violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. (obscenity distribution), and it does not constitute a "sexual crime" under Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The Defendant’s crime with the reason of sentencing is that the Defendant distributed three obscene images through the information and communication network, which may have negative impacts on the sexual concept of the general public, and the dissemination thereof is easy through the information and communication network, and the Defendant obtains points through the video channel.