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(영문) 창원지방법원 2017.11.28 2017고단3398

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

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

The Defendant is a person who works as an undisclosed “C” on the Internet web Hab website “B.”

No one shall distribute, sell, lease, or openly display obscene codes, door, sound, image, or motion picture via an information and communications network.

Nevertheless, on February 2017, the Defendant distributed or openly displayed obscene videos on 600 occasions as shown in the list of crimes in the attached Table, from that time, at the Defendant’s house located in the Seocho-si Kimhae-si, by accessing the said site via a computer and allowing a large number of unspecified persons of the said site to download obscene videos with a sexual intercourse with the content of “E” on the adult bulletin board, which is called “E.”

Summary of Evidence

Application of photographic Acts and subordinate statutes to the defendant's legal statement by capturing a list of images posted by the defendant on the B website of the suspect interrogation protocol for the defendant

1. The punishment provided for in Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense;

2. Article 62(1) of the Act on the Suspension of Execution (Before posting obscene materials on the Internet) (Before that, the Defendant, who was subject to a disposition of suspension of indictment and a fine, has committed another offence in order to compensate for money.

However, the amount of profit earned by the defendant is 1.6 million won, and considering the fact that the defendant has no criminal record of a stay of execution or more, community service order and the execution of imprisonment shall be suspended.

3. The community service order under Article 62-2 of the Criminal Act;