정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a member who works as the “C” at the Internet website.
1. On February 22, 2018, the Defendant, at the time of display, posted the Defendant’s cell phone “F” under the title “F” with the Defendant’s cell phone from Seo-gu, Seo-gu, Seo-gu, Da, E, and the Defendant’s cell phone, thereby openly displaying obscene images via an information and communications network.
2. On April 11, 2018, the Defendant, at the time of display on April 11, 2018, up to 08, posted the aforementioned photo and the instant photo in the name of “G” in the said manner in the said dwelling place, and displayed the obscene images via an information and communications network, by displaying the said photo and the instant photo in the title of “compact photographs of women who are in a bath room,” etc.
Summary of Evidence
1. Partial statement of the defendant;
1. The defendant and his defense counsel asserted that investigation report (the photographs posted by the suspect on B site), investigation report (H communication data response), the defendant and his defense counsel did not constitute obscene materials, and that the photographs posted by the defendant did not have awareness of obscene materials.
In light of the above evidence duly adopted and examined by this court, the photographs posted by the defendant are the images showing a specific physical part, such as her amb, etc., which is a woman's her amb, which is a woman's physical part, or her amb inside a bath, and its title is also a content that arouses sexual interest, such as F. As a whole, it is indecent as a whole.
In light of social norms, a person has expressed sexually his/her dignity and value in an explicit manner so that he/she may be deemed to have seriously undermined or distorted human dignity and value, which is a person who has the personality to be respected and protected beyond the degree of harming or corrupting, and has expressed his/her sexual body correctly by social norms, and has the value of literary, artistic, ideological, scientific, medical, and educational value.