Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

(obscenity) obscenitys

A person shall be appointed.

largest (prosecutions) and highest (public trial)

Attorney B (Korean National Assembly)

January 25, 2019

1. The defendant shall be punished by imprisonment for a year;

2. A seized outer brid (No. 1) and a C0 file (No. 2) shall be confiscated.

Criminal facts

No person shall distribute information with an obscene content distributed, sold, rented, or displayed openly through an information and communications network, such as codes, language, sound, image, or motion picture.

From the end of November 2017 to September 7, 2018, the Defendant posted a total of 8,402 obscene videos on the Defendant’s residence located in the Goyang-dong building D (U.S.) from the end of the end of the day to the end of the day, and made it possible for many unspecified persons to receive them by posting a total of 8,402 obscene videos on the Defendant’s bulletin board, including 5,137 obscene videos, such as sexual intercourse between men and women, self-defense, and b body images exposed to the women’s sexual organ, and 5,137.

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

Summary of Evidence

1. The defendant's partial statement in court;

1. Details of closure data and account of the C-site bulletin board bulletin board;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 74(1)2 and 44-7 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

Paragraph 1(1)1, Selection of Imprisonment

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Supplement of Grounds of guilt

The Defendant asserts that a siren file itself is not a video file, but a data file with which the sharing information is stored, and thus, it is not a distribution of obscene images or a public display of obscene images.

It does not include the relevant content itself, but contains crypt information including the name or size of the file, the information of the file sculptures, and the information that contains the address of the crypt when downloading the relevant content file. Furthermore, even when the user opens the relevant content file by using the crypt crypt program and downloading the relevant content file by using the crypt crypt crypt crypt crypt crypt crypt cryp cryp cryp cryp cryp cryp cryp cryp. The user of the relevant content at the same time obtains one completed content file after transmitting the cryp cryp cryp cryp cryp cryp. The cryp file provider may not participate in the transmission of the relevant content file at hand in the Internet site because it does not hold the relevant content file or is in a state of implementation of the cryp cryp cryp cryp.

However, users, who download a documentary file (top file itself is of low capacity and it is easy to download) can receive easy and rapid transmission of content files by using a stopene program (such as free and easy download may be installed). This can be processed at one time on the same page where the Internet is connected, and there is no big difference between cost and cost, and the method of directly downloading the content files set up on a specific site in terms of process and time (in most cases of illegal file distribution, it seems that the share sharing of files is gradually increased in the distribution of files). In light of the nature of the given documentary file and the process of its implementation, providing a documentary file is to provide the same as providing the content file itself directly exceeding the content necessary to download the content that has been associated with the creation of the relevant content.

Therefore, it is reasonable to view that the act of providing a siren file with respect to obscene codes, etc. on an Internet site that can be used by many and unspecified persons constitutes an act of distributing or openly displaying obscene codes, etc., barring special circumstances.

Reasons for sentencing

The Defendant had been sentenced to imprisonment (the suspended sentence) for the same crime two times in 2004 and 2017, and when the judgment of the suspended sentence became final and conclusive due to the preceding case, the Defendant, which was subject to punishment, re-enters the operation of the site. The Defendant’s income for six months following the operation of the site of this case (not later than February 5, 2018, until August 6, 2018, evidence records, and evidence records 628 pages) shall be determined as ordered in consideration of all the circumstances, including the fact that the income for six months following the operation of the site of this case reaches approximately seven thousand won.

Judges Dok-be