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(영문) 서울중앙지방법원 2017.03.24 2016고단8641
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from October 20, 2016 to October 25, 2016, posted a total of 38 obscene video files, as described in the list of crimes, and distributed obscene materials by posting a total of 38 obscene materials video files, as described in the list of crimes, at the Defendant’s house located in Seoul Special Metropolitan City F 101 from October 20, 2016 to October 25, 2016, connected to G, an Internet file sharing site, to G, “I” on the Internet bulletin board of the above website, and posted one video file for sexual intercourse.

Of July 2016, the Defendant, at the Defendant’s house located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F 101, connected to the Internet file sharing site to the “K”, and distributed obscene materials by posting a “L” on the adult bulletin board of the said site to enable its members to download one of obscene materials and video files, which women and men left off, her clothes, her chests, etc., and sexual intercourse with women and men, by using the title “L” on the Internet bulletin board. In addition, the Defendant posted a notice to enable its members to download, as described in the list of crimes in the attached list of crimes, in a manner described above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A report on internal investigation (the process of receipt of a report on crimes and the process of receipt of the case) and the G obscenity data attached thereto;

1. Application of Acts and subordinate statutes to the screen that confirms that any part of the list of obscenity posts posted by the obscenity users, the screen screen and the screen that any part of the display of obscenity is obscene after reproduction;

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

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

1. Article 62(1) of the Criminal Act (the motive and background of the crime) shall be suspended;

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