Text
The punishment of the accused shall be eight months by imprisonment.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. At around 08:45 on June 27, 2018, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul Northern apartment C, posted a video image (E) on which a woman, who has opened a video hosting on Cloud service site, by using a computer located in the Defendant’s house, reveals the chest by himself/herself, opens a panty, sets off a panty, and talks with a panty, and posted a copy of a photograph by cutting off the video.
2. At around 14:25 on June 28, 2018, the Defendant, at the place specified in paragraph (1), posted a video image (the file name “I”) on which a woman, using a computer located in the said place, was removed from his/her upper part, cut his/her chest, cut his/her panty, cut his/her panty part, added his/her panty part, added his/her panty part, added his/her video to the Internet F website, connected the Defendant’s ID, and sent a copy of his/her dynamic image to the J.
Accordingly, the Defendant displayed obscene images and videos openly using information and communications networks.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of K;
1. A report on internal investigation (F clinic image display data, caps, etc.) and investigation report (F website business log information provided by the Incheon Metropolitan Police Agency);
1. Data on replies;
1. Application of video CD-related 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. and the Selection of Imprisonment with labor concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order is while conducting video-recording.