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(영문) 창원지방법원 마산지원 2016.10.12 2016고단741

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

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A defendant shall be punished by imprisonment for four 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

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

Nevertheless, around March 9, 2014, at the Defendant’s residence located in Gyeong-gun, Gyeongnam-gun, the Defendant stored the Defendant’s pictures of C (17 years of age) in the Defendant’s computer and mobile phone in charge of education at the Juvenile Training Association, and displayed C’s aforementioned pictures, including “ice photograph support/F,” which is an account in the Defendant’s name, to E, which is an Internet social network site, and then connected the Internet social network site, “ice (e.g., conditions of women’s face),” and displayed C’s above pictures, from that time until October 16, 2015, by posting the above pictures and photographs on a total of 18 occasions, as described in the attached list of crimes, so that many and unspecified members can read them.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, H and I prepared by the police;

1. Each e-mail statement prepared by J, K, L, C, and M;

1. The records of seizure and those of seizure prepared by the police;

1. Investigation report (investigation into the E account confirmed to be this case) and posting materials attached thereto;

1. Each investigation report (in the event of investigation into IP information in F-Use, with respect to telephone conversations between a victim C and a victim, with respect to telephone conversations between a victim C, with respect to telephone conversations between the victim and the victim's O);

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., 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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., the fact that the mistake of one's own identity is recognized and reflected, there is no power, and that

1. Article 48 (1) 1 of the Criminal Act to be confiscated;