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(영문) 서울북부지방법원 2018.11.30 2018고단3048

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

No one shall distribute or openly display obscene codes, language, images, videos, etc. through an information and communications network.

Nevertheless, around December 2016, the Defendant opened C Account D using a cell phone under the name of the cell phone located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and then posted the victim’s b body photo sent from the victim E (V, 25 years old) to the above C, thereby openly displaying obscene images via the information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (related to the execution of a warrant of search and seizure);

1. Investigation report (related to telephone communications with witnessesF);

1. Application of Acts and subordinate statutes, such as obscene photographs, posted to C;

1. Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts, and Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of the Protection, etc. of Information and Communications Network Utilization and Information Protection, and Article 74-7(1) recognizes the Defendant’s crime of this case. The Defendant’s reason for sentencing

However, the crime of this case is committed by the Defendant using the word "G" case to offer money if the Defendant sent a photograph of the victim with the fact that he had become aware of the fact that he had become economically imprised and that he had become aware of with the victim.

On the other hand, after receiving the photo from the injured party's body photographs, the injured party assumes the victim by misrepresenting the victim with the doping that is a woman demanding the money by reporting the male physically and thereby describing obscenity along with the pictures transmitted by the injured party. Such act of the accused is not only harming the sexual culture that is extremely distorted in the cyber space to use sexual violence against women as a scarcity, but also spreading sexual violence against women in the cyber space, but it is difficult to recover to the injured party because the distribution of the above information is broad and it is virtually impossible to recover the information.