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(영문) 대전지방법원 2014.07.11 2013고단2865

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The defendant shall be innocent.

Reasons

1. No person prosecuted in the instant case shall distribute, sell, rent, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network;

Nevertheless, around July 2009, the Defendant posted a obscenity video file on the Internet, including “Dare, D, D, D, D, etc.” on the Internet site. From October 22, 2009 to January 22, 2012, the Defendant: (a) from the above bulletin board, he/she received 164 times in total from many members who subscribed to the above website, and (b) from January 22, 2012, he/she received 164,87,79,09, and made it possible for the Defendant to view the said obscenity as a whole the obscenity image as being known and similar to obscenity by appearing both men and women in the form of her physical body, such as “ophone 25 Si, E, E, E, and E, Ma, E, Ma, etc.” and (c) posted a obscenity video file with a total of 338 obscene members, and (d) made it possible for the Defendant to view the said obscenity as a general obscenity and 14th of obscenity.

Sexual prejudice or behavior is clearly expressed or described in an explicit manner to the extent that it can be deemed that the dignity and value of a person, who has the character to be respected and protected, beyond the degree of harming or corrupting it, is seriously damaged or distorted, and is entirely or dominant in light of social norms.