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(영문) 전주지방법원 정읍지원 2014.10.14 2014고단307
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The defendant is a person who resides in a residential area and is engaged in fishery products distribution business.

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures to the public.

On January 12, 2005, the Defendant subscribed to the P2P website (www.gamt) Internet light (www.gamt) and used the said company server.

Internet p2p site means that each member should purchase points used in the P2P company in order to share various data stored in the pc hard disc as a business server and to download other member's data. When entering the data key only in the data key, each shared data can be downloaded without sanctions by paying points, and the member providing the data has a operating method that generates revenues by receiving a certain amount of points.

On July 27, 2013, the Defendant: (a) set up a rodyer as a member of the site dedicated to him in PC in a non-permanent residential area; and (b) posted a video file, such as “D,” which he had kept within the lux.

If the above file is a member of the P2p site, anyone can download the above file, so many members were able to download the above file, and the above obscenity file was downloaded by using the lubing point.

In such a way, the Defendant shared a total of 361 obscene materials as shown in the [Attachment Table 2], such as storing a obscene video file of one’s own fluor in one’s own fluor, and distributed a total of 361 obscene materials to many and unspecified members who use the P2p site.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Reporting on investigation (to attach photographs to the scene of search and seizure);

1. Results of digital evidence analysis of investigation reports.

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