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(영문) 창원지방법원 2019.10.31 2019고정434

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, B, and C tried to open a group hosting room and distribute obscene materials with persons known through D organization hosting.

The Defendant opened a DNA group hosting room for the dissemination of obscene materials with a group hosting room’s “proving room,” and selected as “F” and “proving G,” respectively, and directly opened and operated a space in which users, who participated in the hosting room, can engage in business of obscene materials.

The above group hosting room does not allow a user to participate in hosting with brus, and it does not allow brus and joint reporters to invite users, create its own publicly known matters such as the list of operating personnel and the matters to be observed by users, and the defendant operates group hosting rooms as a brus, and B, etc. has been in charge of mediating conflicts of opinion among the members who participated in holding a brus as joint brus, thereby allowing the brusing users to have obscene materials up.

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

Around December 11, 2018, the Defendant distributed obscene materials by means of posting 1,189 persons, such as video images, etc. connected to the above group hosting room to the group hosting room and engaging in sexual intercourse with women’s sound disclosure at the Defendant’s residence in the Guri-si I, Guri-si, and by posting 12 obscene materials to the group hosting room, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each investigation report and internal investigation report;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of punishment;