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(영문) 서울북부지방법원 2019.06.27 2019고단1063
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

On February 19, 2018, at the Defendant’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, posted a text on adult broadcast site link to “D”, which is a social network service (SNS) website C site, and opened a video screen with a sexual intercourse with a male by a female recipient for the purpose of receiving advertising revenue from the operator of an adult broadcast site. From around that time to November 2018, the Defendant up to 11 times in total as shown in the list of crimes in the attached Table.

Accordingly, the Defendant displayed obscene images openly through information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report (as a result of the verification of the test of extraction/transfer of child pornography, the new name / A shall be an analysis of financial investment account details / Public Relations Partnership's personal information);

1. Application of Acts and subordinate statutes on financial transactions and details thereof;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the Selection of Imprisonment with labor concerning facts constituting an offense;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the amount of obscene video images that the Defendant was engaged in is not so small that the period of crime is shorter.

Considering the specific contents of obscene video images such as sexual intercourses with men, and the purpose of crimes to obtain advertising profits, the nature of crimes is not less complicated.

On the other hand, the defendant recognized all of the crimes of this case and against it, and there is no record of criminal punishment exceeding the fine so far.

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

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