Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
No one shall distribute, sell, rent, or openly display any obscene codes, letters, sound, image, or motion picture through an information and communications network.
Nevertheless, around June 12, 2018, at around 20:37, the Defendant, at the Defendant’s residence in Seodaemun-gu Seoul, Seodaemun-gu B apartment C, opened a dynamic image with the content of sexual intercourse between men and women in the title “F” on the adult bulletin board of the above website by accessing the Internet site “D” using a computer, and opened a dynamic image on the above E site more than 1,683 times in total by July 22, 2018, as shown in the list of crimes in the attached list of crimes.
Accordingly, the Defendant displayed obscene images openly on the Internet site, which is an information and communications network.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Investigation report (to attach seized articles to E);
1. Application of investigation reports (Attachment to obscenity closures by a suspect), application of Acts and subordinate statutes to capture obscenitys;
1. Relevant Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 75-2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;
1. The Defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed an act of spreading obscene materials more than 1,683 times during a period exceeding one month, and was used as a means of money punishment. However, the perception of the illegality was clear.
The crime of this case not only damages the sound sexual sense of society, but also commercializes the sex, and in particular, it is necessary to impose severe punishment on men by spreading a view that men sees only to sexual objects.
However, the defendant has the same criminal records.