정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
A defendant shall be punished by imprisonment for one year.
A seized outer lebrid (No. 1) and a B0 file (No. 2) shall be confiscated.
Punishment of the crime
No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture via an information and communications network.
From the end of November 2017 to September 7, 2018, the Defendant posted a total of 8,402 obscene videos on five bulletin boards (HD), including 5,137 obscene videos, such as sexual intercourse between men and women, self-defense, and b body images exposed to women’s sexual organ, and 5,137, on the bulletin board of the B(E, F) website of the Defendant’s management (HD) (HD) server in the United States, at the Defendant’s residence located in the Goyang-dong building C building D in the Goyang-si-si, Manyang-si (U.S.) from the end of November 2017 to the end of September 7, 2018, and made it possible for unspecified persons visiting the said website to download them.
Accordingly, the Defendant distributed or openly displayed obscene images through information and communications networks.
Summary of Evidence
Defendant’s partial statement
B Application of Acts and subordinate statutes on data for the closure of the website bulletin board and account details
1. Relevant legal provisions concerning criminal facts and the choice of imprisonment with labor under Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;
1. The Defendant asserts that G files per se are not video files, but data files with which the sharing information is stored, and that only recording a G file does not constitute distributing or openly displaying obscene images.
In the G file, the content itself does not contain the relevant content itself, but includes the name or size of the file necessary when downloading the relevant content file, the file sculptures information, and the file address.
In addition, when a user opens a G file by using H program, he/she downloads the content file.