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(영문) 대구지방법원 2020.04.23 2019고단5266
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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 one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, at around 12:16 on July 19, 2015, the Defendant connected the Daegu Jung-gu B building and its own residential premises located under subparagraph C with “D”, which is a web site, and connected to “G” (E) in the category of “19 persons”, and distributed and displayed obscene images via an information and communications network for a total of 2,255 times from around that time to February 20, 2019, by downloading the video images of which gender is sexually in the category of “G” (H).

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A suspect interrogation protocol of the police officer;

1. In the application of the Act and subordinate statutes, investigation reports (in the case of attaching details of account transactions, etc. of suspects I Bank Account transactions), investigation reports (in the case of attaching copies of web access D main records), internal investigation reports (in the case of web access D home pages attached), internal investigation reports (in the case of access to illegal video works by the Korea Communications Commission), internal investigation reports (in the case of access to the list submitted by the Korea Communications Commission), internal investigation reports (in the case of habitual circulations attached to the list submitted by the Korea Communications Commission), internal investigation reports (in the case of obscene material crimes, and documentary evidence submitted by the suspect), internal investigation reports (in the case of access to obscene material crimes and documentary evidence submitted by the suspect), daily list

1. Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the choice of imprisonment, inclusive, with prison labor for a crime;

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

1. The crime of this case on the grounds of sentencing under Article 48(1) of the Criminal Act is spreading obscene materials rapidly and easily through information and communications networks, which contain the risk of distort the sound sexual consciousness and sexual concept of the general public.

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