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(영문) 인천지방법원 2013.07.12 2013노1096

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of the judgment below which found the Defendant guilty of the facts charged in this case, without posting obscene videos.

2. Determination

A. The summary of the facts charged of the instant case is prohibited from distributing or openly displaying obscene images via an information and communications network.

On March 30, 2012, the Defendant posted obscene images, such as obscene videos, which have sexual intercourse between men and women, on the Internet web plop (htp:/www.W.pop.com) site, and openly displayed and displayed obscene images or videos through information and communications networks by putting them on the “C” bulletin board, i.e., “nomo-general hand hand hand hand hand hand hand hand,” “in acids”, “in acids”, and “incinsom,” and “incinsom,” and inserting the time of this bad woman’s sexual intercourse.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroficial evidence.

C. On the basis of the judgment of the political party, the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, namely, ① Adidi’, Adi’, Adidi’, Adidi’, and Adidi’, used by the Defendant’s friendship E, and the Defendant was using Adi and password from E; ② The above Bdidi is the same as the Internet Web Podi’s Internet web Podi’s Internet and the instant obscenity’s Internet Podi’s obscene video that was recently connected to the Internet web Podi’s website; ③ the said subscriber was the father of the Defendant; ③ the Defendant spreads of obscenity by hackinging intellectual property; but it is difficult to view that the Defendant merely hacking and hacking the above obscenity’s account at his residence.