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(영문) 대구지방법원 김천지원 2016.02.04 2015고단1206

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person of the 2015 Highest 1206 shall distribute, sell, lease, or openly exhibit obscene codes, text, sound, images, or motion pictures through an information and communications network.

Nevertheless, on May 4, 2015, the Defendant leased Nos. 101 of the Seocho-si Carryover 101 as a place of work for obscene videos, and installed three computers and monitors at that place. On May 4, 2015, the Defendant, around 16:57, up to the Internet file and website (www.filwa.com) 101 of the above C Borrowing 101 with Add "D", and up to the bulletin board, up to May 27, 2015, up to the day on which the Defendant started to run a dynamic image of “E” in which men and women have sexual intercourse with her body, using a file automatic channel on the bulletin board, and up to August 27, 2015, up to May 17, 2015, up to the day on which the Defendant revised the day of [Attachment No. 9] No. 9-day from May 27, 2015 to August 27, 2015.

A total of 45,068 obscene videos of 45,068 were up to 20 Internet sites, such as described above.

Accordingly, the Defendant distributed obscene images through information and communications networks.

No person of "2015 Highest 1221" shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, the Defendant used a file automatic business channel program on the Internet homepage (www.onisk.co.co. kr) bulletin board on May 13, 2015, and up to June 14, 2015, the Defendant sent a video of the title “F” with the content of sexual intercourse between men and women in the state of body, such as “G” with the content of sexual intercourse between men and women in the state of body around June 14, 2015, and a video of the title “I” with Adi “H” with the content of sexual intercourse between men and women in the state of body, around August 4, 2015. < Amended by Presidential Decree No. 26357, Aug. 4, 2015>

Accordingly, the Defendant’s obscene images through information and communications networks.