정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence 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.
1. Nevertheless, on March 2013, the Defendant, at the home of the Defendant’s office located in 105 dong 1104, posted a video file to a pop-on (www.ppob.com) that is an Internet file sharing site using a computer in Busan Northern-gu B building 105 dong, so that many unspecified members of the above site are paid points and downloaded the said obscene video files by having a video file connected to the Defendant’s name, “C” and “Stop to the Internet bulletin board,” with each of the instant website “S to be engaged in sexual intercourses,” and with sexual exposure to sexual organ.
Accordingly, the Defendant displayed and distributed obscene images openly through information and communications networks.
2. 피고인은 2013. 4. 3.경 제1항 기재 피고인의 집에서 컴퓨터를 이용하여 제1항 기재와 같은 방법으로 ‘[기획]뫄,싸,지 받으며 질,질 싸,,는 미,,녀,들’이라는 제목의 알몸의 남녀가 성기를 노출한 채 성행위를 하는 동영상 파일을 업로드 하여 불특정 다수의 위 사이트 회원들이 포인트를 지급하고 위 음란 동영상 파일을 다운로드 받아볼 수 있도록 하였다.
Accordingly, the Defendant displayed and distributed obscene images openly through information and communications networks.
3. On April 10, 2013, the Defendant, at the Defendant’s home as indicated in paragraph (1), opened a video file in which the male and female members of the known body of “bagly dial-a-a-mail” sexually engage in sexual intercourse with sexual organ exposure in the same manner as indicated in paragraph (1) using a computer, and made it possible for many unspecified site members to pay points and download the said video files.
Accordingly, the Defendant’s obscene images through information and communications networks.