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(영문) 광주지방법원 2018.11.14 2018고단3930

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

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

On December 21, 2017, at around 17:44, the Defendant opened a computer installed in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si with “E” an Internet web site, which connects the Internet website to “Popop-up (www.pop.com)” and distributed or openly displayed obscene images on a total of 8,153 occasions from that time until September 18, 2018, by accessing the Internet web site to “E” so that members using the said website can download.

Summary of Evidence

1. Statement by the defendant in court;

1. E’E’s notice (7 cases);

1. A report on internal investigation (in cases of pop-up submission related to a suspect, accompanying such report);

1. Report on internal investigation (related to the amount received by A through response);

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the choice of imprisonment or imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Defendant G of the protection and observation: Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Articles 10 and 8 (1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Collection;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – The fact that the defendant admits his/her mistake, that the defendant has no record of punishment for the same kind of crime, and that he/she has no record of suspended execution or more severe punishment; that the defendant distributed a large number of obscene images over a considerable period of