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(영문) 서울북부지방법원 2018.04.12 2017고단5745
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, on July 5, 2017, the Defendant displayed a notice on the Internet website “E” that “E connects to and exchanges and trades a male’s unknown body image,” and displayed publicly the victim G (23)’s personal body pictures and the unknown body pictures acquired on the F’s “F” website on a public display of the victim’s personal body pictures and personal body pictures. On the same day, at around 23:53, the Defendant sent the notice to H, who is the seat of the victim, who was the victim, and who was the victim who pretended to contact the buyer, the Defendant sent the victim’s unknown body pictures, including the victim’s unknown body pictures.

Accordingly, the Defendant displayed or distributed obscene images or videos openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on the screen of the relevant golfae;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which recognized and reflects the defendant's mistake, and there is no history of criminal punishment against the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order.

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