정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.
However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person of "2019 Highest 2788" shall distribute, sell, rent, or openly exhibit obscene codes, words, sound, images, or motion pictures through an information and communications network.
Nevertheless, around September 28, 2017, the Defendant, by accessing “D” (hereinafter “G”) to the web site, at his own residential premises located in Busan-si B apartment C, and distributed obscene videos by advertising obscene videos, such as obscene videos, on a total of 1,211 occasions from the same day to October 16, 2017, by linking “D” (hereinafter “D”) with the title “G”, which is called “G”, in which both men and women engage in sexual intercourse with obscene activities.
No person of the 2019 Highly 59 shall distribute, sell, lease, or openly exhibit obscene codes, words, sound, images, or motion pictures through an information and communications network.
On October 24, 2017, the Defendant: (a) connected the Defendant’s residence in the Sinsan-si B apartment C, to AdiE, and the NAF, the Internet file-sharing website; (b) opened a dynamic image with which both men and women engage in obscene sexual intercourse to adults; and (c) distributed obscene videos via an information and communications network in such a way as described in the attached list of crimes, as seen above, in a total of six times as indicated in the attached list of crimes, by making many and unspecified persons download with obscene videos; and (d) distributed such videos via an information and communications network.
The facts charged were corrected to the extent that it does not infringe the defendant's right of defense.
Summary of Evidence
[2019 Highest 2788]
1. Statement by the defendant in court;
1. A list of obscene materials;
1. 수사보고(피의자가 업로드한 영상물에 대한 스크린샷 자료 첨부) [2019고정59]
1. Statement by the defendant in court;
1. Application of the statutes governing data to be provided by web scams;
1. Article 74(1)2 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. concerning the relevant criminal facts and the selection of punishment;