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(영문) 대구지방법원 2019.02.01 2018고단4818
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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.

Reasons

Punishment of the crime

The defendant is a person who uses Add' C (Ed') on the Internet web l'B' website.

No one shall distribute, sell, lease, or openly display obscene images through an information and communications network.

Nevertheless, on August 25, 2018, the Defendant visited Adidi (D) “CB,” an Internet file sharing web site, and opened a video recording (F) on which sexual intercourse is taken by both men and women in the former state, such as exposure of sexual origin to the adult bulletin board, etc. from the place of a man’s book located in Nam-gu, Daegu-si, Daegu-si, and then up to August 25, 2018, the Defendant opened a total of 597 obscene video images, such as the list of crimes in the attached list, by the same method until August 25, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each reply material;

1. Application of investigation reports (Attachment to B-fol data), and application of the Acts and subordinate statutes on accompanying materials;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the number of obscene materials distributed by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is more than 600 is disadvantageous.

However, there is no record of criminal punishment against the defendant, and the defendant committed the crime of this case for the purpose of gaining profits, but it seems that there is no actual profit, and the fact that the defendant led to the confession of the crime of this case, and that the defendant is against the law, is favorable.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the age, character and conduct of the accused, shall be determined as per the disposition.

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