logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.17 2019고단3588
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for not less than eight 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

No one shall distribute, sell, rent, or openly exhibit any obscene codes, language, sound, image, or motion picture to the public.

On November 19, 2015, the Defendant: (a) connected the Internet web site B to Adi (ID) F, which was a child’s friendly E on the Internet web bulletin board; (b) posted a obscenity with a content that exposes women’s chests and sex organs, etc. from that time to August 26, 2018; (c) posted obscene materials on 386 occasions, such as the list of crimes, and then allowed the visitors to the site to download; and (d) exchanged points received from the above site operator, and then received money from the E H association account in total, 202,30,000 won by receiving money from the E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Investigation report (the results of the verification of the E financial account), investigation report (the results of the verification of CCTV for a crime), investigation report (Reinforcement and explanation of evidence of obscene materials related to the list of crimes);

1. Application of the DID Act and subordinate statutes governing printed data printed out from DID “F”

1. Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Articles 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (generally, since legal benefits from damage are uniform and continuous, and the act of trade route has been repeated by the same method continuously following the single and continuous criminal's crime, it is reasonable to deem that the crime constitutes a single comprehensive crime; choice of imprisonment

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is shared by the defendant.

arrow