beta
(영문) 대구지방법원 2020.01.21 2019고단6469

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)방조등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal power] On April 21, 2017, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and completed the execution of the sentence in the Ansan Prison on December 21, 2017.

【Criminal Facts】

The instant “B site” (the domain name, such as C and D, and the domain name address changed through E, is changed from time to time to time, and the domain name address is announced to the members) is an illegal obscene site operated in such a manner that anyone can access the said site by allowing its members to display obscene videos, pictures, etc. without adult certification procedures, so that more people can access the said site, and by allowing its members to receive discount rights of commercial sex acts and obscene materials by paying points depending on the number of commercial sex acts and notices posted by its members, and by allowing them to receive discount rights of commercial sex acts and obscene materials. Meanwhile, it is an illegal obscene site operated in such a manner that those who intend to publicize commercial sex acts are given the right to advertise commercial places using the above bulletin board and receive the right to receive a discount right of commercial sex acts and obscene materials from its members in return.

Around March 2018, the Defendant: (a) formulated a plan to operate the “B” site as above; and (b) was charged only with a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (commercial sex advertisements); (c) a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”) and a violation of the Act on Promotion, etc. of the Utilization of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc. (hereinafter “obscenity”); (d) a person who was introduced from the former (i) imprisonment for one year; (ii) two years of suspension of execution; (iii) three million won; (iv) a fine; and (iv) H (two years of suspension of execution; (iv) two years of imprisonment; and additional collection KRW 100,000), and (v) a person who ordered the F to produce the said site in sequence; (v) a person who instructed the F to produce the said site;