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(영문) 부산지방법원 2019.06.12 2019고단650

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant

A A shall be punished by a fine of KRW 3 million, Defendant B, and Stock Company C, respectively, by a fine of KRW 5 million.

Defendant

A, B.

Reasons

Punishment of the crime

1. No person who accused A shall distribute, sell, rent, or openly exhibit obscene codes, letters, sound, images, or motion pictures through an information and communications network;

In around 2017, the Defendant posted a video file in which I had a sexual intercourse with male-child, on two occasions, through a computer at the Defendant’s residence located in Busan Dong-gu, Busan, to access the Internet web site E, “F,” and “G” to enable an unspecified number of users who access the said website to get access to the Internet web site.

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

2. Defendant B is currently serving as the representative director of C, a corporation operating K, which is an Internet file sharing site, from March 2016 to Busan High Court of Maritime Affairs and Daegu, which is the Internet file sharing site.

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, from September 5, 2017 to October 12, 2017, the Defendant operated the above K site at the above site. The Defendant posted 26 video files on the above site’s adult bulletin board, such as the list of crimes Nos. 1, in which many members have sexual intercourse with each other as L Act, etc., and did not immediately delete 42,471 of obscene materials from August 18, 2017 to July 30, 2018, and did not take measures to prevent obscene materials from being distributed as above by having members from being distributed with obscene materials without being aware of the fact that many members have sexual intercourse with each other through the above site, such as M, N,O, P, R, L, T, and U, as shown in the list of crimes No. 2 attached to the above site’s adult bulletin board.