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(영문) 서울북부지방법원 2015.09.24 2015고단1705
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person may distribute obscene images through an information and communications network, at the office of the defendant, who is in the Seoul Jung-gu B apartment 125 dong 1308:

1. On July 16, 2014, at least 22:03, access from a web hard drive (www.vegaisk.com) to the ID called “C”, and distributed obscene images of sexual gender to enable many and unspecified members to download by putting sex on the bulletin board “D”, “E”, “F outside 4”, and “G” as their title;

2. In the manner described in the preceding paragraph of the end of January 2015, the adult male and female, “H,” “I,” in which he/she had sexual intercourse, distributed obscene images to enable many and unspecified members to download (2015 highest 1705);

3. On March 5, 2015, at the Internet site J using a computer, posted and distributed obscene video works that contain the face of sexual intercourse between men and women by exposing their sexual organ to a large number of unspecified persons, under the title “K” and “L” on the Internet 19 bulletin board of the said site as “C” and “K”, which had connected the Internet site J.

(2015 Highest 1776) Summary of the Evidence / [2015 Highest 1705]

1. Statement by the defendant in court;

1. Data and the details of the bulletin board [2015 Height1776]

1. Statement by the defendant in court;

1. Statement of M;

1. Application of Acts and subordinate statutes to a investigative report (Attachment to the screen of a obscenity video screen);

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. (the point of distributing each obscene material and the choice of each imprisonment with prison labor) applicable to facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Probation and community service order under Article 62-2 (1) of the Criminal Act shall be ordered to complete a program under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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