정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, text, sound, image, or picture via an information and communications network.
Nevertheless, from September 2017 to September 13, 2018, the Defendant displayed obscene videos, etc. directly connected to the address of the pertinent Internet domain in his/her own B site, and registered the domain name with the Internet server leased from “K,” a server leasing company of the United States, and operated B, a obscene material distribution site. On the other obscenity site, the Defendant directly opened the obscenity video, etc. on his/her own website or opened it on the click or downloaded, or received the file by downloading “L” P2P system, so that obscenity pictures, etc. directly connected to the address of the relevant Internet site may be displayed on the B site, and displayed on the B website or publicly displayed on the obscenity website by publicly displaying the obscene image or image files, and displayed on the obscenity website by openly displaying or distributing the obscenity image files in a different way.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each protocol of seizure and the list of seizure;
1. Investigation report (related to illegal photographing of a bulletin board, relation to the number of posting notices on each bulletin board, files stored on the K server, verification of the details of withdrawal, organization of a bulletin board, and posting on the website);
1. Application of Acts and subordinate statutes to internal investigation reports (report on the results of site search, response toO and P)
1. Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. of Specific Crimes