정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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.
Punishment of the crime
No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.
Nevertheless, around January 23, 2020, the Defendant connected “D” to the Defendant’s residential area, etc. installed by using a computer at the Defendant’s residential area, etc., and sent the message “E” to four (10,000 won per number (1 unit), 10,000 won for four (15), 30,000 won for 30, and 50,000 won for 30 (50,000 won for 30 (15) and 50,000 won for 50 (50,000 won after attaching a number and a breast photograph at the time of purchase) from those who reported the above message over 50 times from the beginning of March 2020, the Defendant received the Poland PIN number, and transmitted the message through the Manish Man PIN photograph corresponding to it.
Accordingly, the Defendant sold obscene images through information and communications networks.
Summary of Evidence
1. Each investigation report (related to the result of the search and seizure of a synthetic obscenity material purchase via cultural merchandise coupons) on the Defendant’s legal statement - Each search, seizure and verification warrant (use of cultural merchandise tickets) - each request for communication data provision of search, seizure and verification warrant (IP and telephone number tracking results) - family relation certificate, resident registration copy and abstract - family relation certificate, search report request for provision of video material - search report, search report, and internal investigation report (related to the result of the search of a synthetic obscenity material purchase through cultural merchandise certificate), and each investigation report (related to the reasons for necessity of search and seizure, voluntary submission and return of hard disc disks, confirmation of additional investigation).
1. Article 74 (1) 2 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc. for Criminal Facts, Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc. (the distribution of obscene materials) and the