Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 27, 2016, the Defendant was sentenced to one year and four months of imprisonment with prison labor by assault, etc. at the District Court, and the judgment became final and conclusive on October 28, 2016.

No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

On June 6, 2016, at the Government-si B and 307, the Defendant, using a computer on the Defendant’s residence, set up one time a video image with which the adult male and female in the title “C” is sexual intercourse on the Internet website’s bulletin board, and continued to run one time a video with the content of “D” on the Internet website’s file cooki (www.ftileuki.com)’s bulletin board.

Accordingly, the Defendant displayed obscene images openly on the Internet site, which is an information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the statements made by each police officer on the charge book, E, and F, and correspondence data;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of a fine for negligence;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant is aware of the criminal facts of the instant case and reflects his mistake; and (b) the case of judgment and equity should be considered at the same time with the assault crime for which the judgment in the instant judgment became final and conclusive, etc. are recognized as favorable to the Defendant.

However, each of the crimes of this case, in which the defendant posted obscene images on the Internet two occasions, is the content and method of the crime.