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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
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, from April 17, 2016 to January 7, 2018, the Defendant, at the Defendant’s residence located in Ulsan Metropolitan City Jung-gu, Seoul Metropolitan City, access to the web site “C” to the account of “D” by means of a computer, and displayed and distributed obscene videos openly through an information and communications network by, for instance, enabling many and unspecified persons to peruse obscene videos, as shown in the attached list of crimes, including, but not limited to, video files whose sex is sexual intercourse with the title of “E” to run a video file.
Summary of Evidence
1. Defendant's legal statement;
1. C replys, business video file CDs;
1. Records of seizure and the list of seizure;
1. Application of investigation report (the analysis of original files of obscene materials sold by a suspect) Acts and subordinate statutes;
1. 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. concerning criminal facts and the selection of fines for negligence;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;