beta
(영문) 서울중앙지방법원 2019.01.16 2018고단7037

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 6 shall be confiscated, respectively.

from the defendant 10,710.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display any obscene codes, letters, sound, image, or motion picture via an information and communications network.

Nevertheless, around July 15, 2017, the Defendant, at the Defendant’s house located in Geumcheon-gu Seoul building and the Defendant’s house, connected the Internet video sharing site (one web site), to AD’s Internet video sharing site (one web site), and posted a video file using G (one video file, one of which is called “F,” and one of the video files having a sexual intercourse with a male and female sexual intercourse with a female sexual intercourse with a female sexual intercourse with a female sexual intercourse with a female’s sexual organ exposed at the same place, from the time to September 8, 2018, as shown in the general list of crimes in the attached list, at the same place, from the same time, to September 8, 2018. < Amended by Presidential Decree No. 19685, Apr. 4, 2057; Presidential Decree No. 20720, Sep. 27, 2015>

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Records of seizure and the list of seizure;

1. Investigative Report - Attachment of seized articles on the web site of “H” - Specific dys of suspect A’s web harder and points exchange website - 25 web harder’s web site response materials attached - 25 web harder’s website response materials attached - confirmation of obscene material stored in the seized material - Specific crime sight list - analysis of suspect A account transaction details - Reporting on confirmation of the content of obscene material of obscene material.

1. A notice with 16,905 overlapping or removed and a notice with the same file name (4,296) among the video recorded in a seized article;

1.The application of the respective existing laws and regulations of sub-paragraphs 1 through 6.