Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

From April 12, 2013 to April 13, 2013, from around 22:32 to April 07:30, 2013, the Defendant, by linking the Defendant’s residence in Gwangju Mine-gu to Adi, the Internet P2P website “C” at the Defendant’s Internet P2P site in the Defendant’s residence, distributed obscene videos using information and communications networks by distributing obscene videos, including one video of “(Li) 5 years of age or below,” in which sexual intercourse between the child and adults on the Defendant’s computer hard disc is taken.”

Summary of Evidence

1. Defendant's legal statement;

1. Response to a warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes on closure data;

1. Article 8 (4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); 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.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information of this case under Article 334(1) of the Criminal Procedure Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), the defendant is a person subject to registration of personal information under Articles 4(2) and 42(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and is obligated to submit personal information to relevant agencies pursuant to Articles 5(2) and 43 of the Addenda of the said Act (amended by December 18, 2012).

However, personal information shall not be disclosed in light of the fact that the defendant has no criminal record of the same kind and is against the crime of this case.