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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.
Nevertheless, around December 22, 2018, the Defendant produced and posted a video file recording a total of 16 obscene sound (hereinafter “instant sound”) from around that time to July 2, 2019, as shown in the list of crimes in the separate sheet, as the title “E” on the NAB car page operated by the Defendant, which is located in the Defendant’s residence, with the title “E”. Moreover, the Defendant produced and posted a video file recording a total of 16 obscene sound (hereinafter “instant sound”) from around that time to July 2, 2019.
Accordingly, the Defendant displayed obscene sound openly through information and communication network.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the police against the accused (second time);
1. Each investigation report (with respect to seized materials, with respect to proceeds from sales of voice files (obscenity);
1. Details of the closures of the Defendant’s operation NAFC and the Defendant’s sales video cd
1. Determination as to the assertion of the accused and the defense counsel regarding the existence of a variety of files (including obscene files) in a computer that had been seized for the accused’s residence
1. The Defendant asserted that he recorded the instant sound as part of a practice to become a sexual friendly man.
In light of the fact that the contents of the sound of this case were created by the defendant, and there are a number of descendants referring to the creation of the situation and the ability of the defendant, the artistic value, etc. can be recognized.
Therefore, the sound of this case does not constitute obscene materials.
2. Determination
A. “obscenity” under Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means the occurrence of sexual interest and normal sexual humiliation by stimulating ordinary people’s sexual desire.