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(영문) 인천지방법원 2019.07.11 2019고단2339

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall photograph the body of another person against his/her will, or distribute, sell, lease, provide, or openly display or show any photographic substance in contravention of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, using cameras or other similar devices;

Nevertheless, around May 24, 2018, at the residence of the Defendant in Gyeyang-gu Incheon, the Defendant connected the Defendant’s account (E) on the Internet “D” website using a computer. [In addition to the data on the sales of first-hand video products at the end of crowdfunding/skying volume, the Defendant, along with a notice stating that [only if the Defendant wanted to continuously hold 510 books, he/she shall have a total of 510 minutes of video holding 510,00 won when the entire purchase of the piece of items is possible for the purchase of the piece of items, the confirmation of list and purchase will be made more possible in real time as to whether there is a certified image holding 60,00 won of the number of items 60,000, which is short from the time of the women’s display of tobacco on the road, the Defendant posted a picture covering the bridge next to the end of the fro-ray, from that time to Nov. 8, 2011.]

As a result, the Defendant displayed a photograph taken against his will another person’s body, which may cause sexual humiliation or shame, by using a camera or other similar mechanism.

2. A person violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) may not distribute, sell, lease, or openly display any obscene codes, words, sound, image, or motion picture via an information and communications network, but the Defendant may not do so.