A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture through an information and communications network.

Nevertheless, on October 15, 2019, the Defendant posted a video product with a total of 1,842 gender-related images as shown in the attached list of crimes, from the time when he/she visited C, which is a web site, at the Defendant’s house located in Seongbuk-gu Seoul, and up to January 14, 2020, posted a file in which the sex-related images of “E” are stored as “D” and distributed it to the public to many unspecified persons.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the closure of obscenity (verification of the number of illegal notices made in obscenity);

1. A CD-related account analysis report related to preservation for confiscation;

1. Application of Acts and subordinate statutes to evidential materials;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the choice of punishment for a crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment is that there is a little social harm caused by prisoners of obscenity through an information and communications network, and in particular, considering the quantity and period of obscenity posted by the Defendant, the criminal liability is heavy.

However, considering the fact that the defendant recognized the crime of this case and reflects the mistake, that the defendant did not have the same criminal record and has no other criminal record other than the one-time fine, the defendant's age, character and conduct, environment, circumstances of the crime and circumstances before and after the crime of this case, the punishment as the disposition of this case shall be determined by taking into account various sentencing conditions as shown in the records and arguments