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(영문) 전주지방법원 2019.05.29 2018고단2732
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

A defendant shall be punished by imprisonment for six 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 person shall distribute, sell, lease, provide, openly display or show any photographed or reproduced article against another person's body, which may cause a sense of sexual humiliation or shame, using a camera or any similar mechanism, and then distribute, sell, lease, provide, or openly display or show such photographed or reproduced article against the will of the person subject to shooting, even though it does not go against the will of the person subject to shooting at the time of shooting.

Nevertheless, at around 16:50 on August 12, 2018, the Defendant had access to “D”, which is an Internet obscene material site, and used “G” on the bulletin board, and opened five copies of a photograph of which the Defendant had taken the victim’s unexploited in the camera function of the mobile phone prior to several years, with the title of “G”.

As a result, the Defendant taken the body of the victim, who could cause sexual humiliation or shame, against his/her will, using a camera or other similar mechanism, and displayed and screened the pictures openly.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to suspect-containing notices and data on tracking access;

1. The prosecutor of the relevant statutory provisions on special cases concerning the punishment, etc. of sexual crimes (amended by Act No. 15977, Dec. 18, 2018) against criminal facts was indicted under Article 14(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which was amended on December 18, 2018, but the Act applied at the time of the instant crime was deemed to be “the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes” (hereinafter referred to as “former Sexual Crimes Punishment Act”).

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