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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, literature, sound, image, or picture via an information and communications network.
Nevertheless, from May 2017 to August 30, 2017, the Defendant sent 18 obscene video files on the Internet bulletin board, in which both men and women have sexual intercourse, by accessing the Internet file (www.ystile.com) to the clinic of “C”, which is the Internet file sharing site, and by the head of the place where “D” has sexual intercourse on the bulletin board, as described in the list of crimes in the attached Table, the Defendant posted 18 of the obscene video files in which men and women have sexual intercourse, as recorded in the list of crimes.
Accordingly, the Defendant distributed or openly displayed obscene images through information and communications networks.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of image-related data that the person under consideration has opened his/her business), data relating to each material and a towing file to capture each material;
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 relevant law and punishment of which are selected, 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 concerning the order of provisional payment;