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(영문) 수원지방법원 안산지원 2019.05.08 2018고단4705

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2018, the Defendant connected Internet SNS “E” to the Internet SNS “E,” and inserted an advertisement to the effect that the Defendant sells illegal photographed videos or obscene videos, which read “F Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man

1. Around June 6, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Promotion, etc.”) and Act on Promotion, etc. of Utilization of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc. (hereinafter “obscenity”) (hereinafter “the Act”) sold dynamic images taken by 10,000 won, using the Defendant’s home located in Ansan-siJ, Ansan-si, Ansan-si, the Defendant, using the Defendant’s home, who reported and contacted the advertisement of selling the above illegal photographys, and using the buyer and H “H,” to see and sell the dynamic images taken by 10,000 won. After receiving the right of cultural products in an amount of KRW 10,00,000, the Defendant sold 180,000 from the time to July 1, 2018 by means of “K,” which is a file-sharing site.

Accordingly, the Defendant sold obscene videos using information and communications networks at the same time, which had taken videos against another person’s body, which may cause sexual humiliation or shame, for profit, using devices such as camera, etc., and at the same time sold them by using information and communications networks.

2. Around June 6, 2018, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity) reported and contacted the Defendant’s house located in Ansan-gu J, Ansan-si.