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(영문) 인천지방법원 2017.05.11 2017고단665
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

[2017 Highest 665]

1. No person shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture through an information and communications network, from October 5, 2016 to November 25, 2016;

From October 5, 2016 to November 25, 2016, the Defendant connected the Defendant’s residence in Gangnam-gu Seoul, Gangnam-gu and 304 to “C”, a file sharing site using a computer, and allowed many unspecified members of the said site to download the obscene video of the title “a dpande pande” in which sexual intercourse between men and women was taken by “E” as a place of sexual intercourse with D’s name, as well as allowing members of the said site to download. At that time, the Defendant opened a total of 2,421 obscene video images as shown in the attached list of crimes.

Accordingly, the Defendant distributed obscene images using information and communications networks.

[2017 Highest 2280]

2. No person shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network on September 14, 2015.

On September 14, 2015, the Defendant: (a) connected the studio building located in Yeongdeungpo-gu Seoul Metropolitan Government G (hereinafter referred to as the “U”) at the site of the file-sharing Internet using the computer; (b) “I” was exposed to the file-sharing Internet website (hereinafter referred to as “Korea”); and (c) was exposed to sexual intercourse between men and women (hereinafter referred to as “I”); and (d) the Defendant was allowed to download obscene images of the instant website to many unspecified members.

Accordingly, the Defendant distributed obscene images using information and communications networks.

Summary of Evidence

[Judgment 1] Facts / [2017 Highest 665]

1. Statement by the defendant in court;

1. C reply data,net points reply data, K branch points withdrawal details, CCTV data, and obscene materials stored as suspects;

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