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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscenity) shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, text, sound, image, or picture through an information and communications network;
Nevertheless, around June 8, 2016, the Defendant had access to “C”, a website, via a computer, to “D’s ID,” which is the Defendant’s residence. After having access to the Internet web site, the Defendant opened a video of the same sex-related relationship five times in total, such as the list of crimes (1) as shown in the attached list of crimes, to the server, so that many unspecified site subscribers can see or download the video.
Accordingly, the Defendant distributed information with a content that distributes or openly displays obscene videos using information and communications networks.
2. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or screen obscene materials for children or juveniles;
Nevertheless, from Jun. 24, 2016 to Jun. 28, 2016, the Defendant: (a) at the same place; and (b) at the same time, in the same manner as the above 1. Paragraph (1) of the same Article, the Defendant, as a child who had worn a bell uniform, etc. on the server of the above site, sent a dynamic image, such as an an animation, etc., exposed to a person who had a sexual intercourse, which could be clearly perceived as a juvenile who had worn a bell at a total of seven times, as shown in the list of crimes in the attached Table 1.
Accordingly, the Defendant distributed information with a content that distributes or openly displays child pornography.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written petition;
1. Application of Acts and subordinate statutes to each of the supporting materials (obscenity);
1. Criminal facts;