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(영문) 대전지방법원 천안지원 2019.07.12 2018고단2904

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No person of "2018 Highest 2904" shall distribute any information with a content distributed, sold, rented, or displayed openly through an information and communications network with obscene images.

The Defendant, who uses “C” (ID:D) on B’s web site, downloaded obscene video works with sexual intercourse on the adult bulletin board of the said website, and, at each time the members of the said website receive downloading the relevant obscene materials, had the intent to exchange points paid by B’s operators in cash.

On April 30, 2018, the Defendant visited the said B site at the French site on April 21, 2018, and displayed obscene videos up to 627 times in total, as shown in the annexed Table of Crimes, from the time from September 17, 2018, such as, inter alia, “E (Ttain number: F)” on the adult bulletin board as “E”.

The Defendant, “2019 Highest 1004,” as a person who has subscribed to a Adi G account in the web website B, opened a dynamic image with gender in the adult bulletin board of the said website, and has received points paid by the website operators whenever members of the said website download the same image each time they download.

On February 17, 2018, around 14:39, the Defendant: (a) accessed the H building I of the Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si by using a computer to the said B site; and (b) opened a sexually related dynamic image among men and women who had been downloaded from another web website “J” to “K”, and displayed obscene images to the adult bulletin board of the said B site openly via an information and communications network.

Summary of Evidence

"2018 Highest 2904"

1. Defendant's legal statement;

1. Requests for provision of communications data;

1. Investigation report (specific suspect), investigation report (investigation into the membership date of the A), 2019 order 104;

1. Defendant's legal statement;

1. The case shall be against the victim;