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(영문) 수원지방법원 2016.03.30 2015노6168

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant: (a) distributed or openly displayed obscene video files via the Internet file sharing site; (b) it is reasonable to deem that one crime is constituted by deeming such files as one act.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the lower court: (a) displayed obscene videos of the title “C” on the Internet file sharing website (htp: /vegaisk.com) in which both men and women engage in sexual intercourse on the Internet bulletin, at the Defendant’s residence located in Yongsan-si B, 1402 Dong 1401, on September 2014, 201; and (b) allowed an unspecified number of people to download the above obscene videos using the file sharing method, which is one of the file sharing methods stored in an individual’s personal computer (hereinafter “the Defendant’s act” and the Defendant’s act on July 31, 2014, using the above Defendant’s computer to be identified as a “mt. 2/mt.com” on the bulletin board of each of the instant Defendant’s obscenity.

There are differences in the date and time of crime, the address of the site exhibited, and the file contents, and there are substantive concurrent crimes.

It is reasonable to view it.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant appears to have an attitude to recognize and reflect all of the instant crimes, and there is no criminal conviction against the Defendant.

However, publicly distributed or displayed obscene materials;