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(영문) 대구지방법원 서부지원 2020.06.17 2019고단2641
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for not less than eight 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

B The departure from Vietnam on August 21, 2017, while staying in the Vietnam Minh City, refers to a person who has developed “C”, which is an illegal automatic business program, so that obscene materials, etc. can be up-to-dated on the web hard site, to gain profits by professionally downloading obscene materials, etc. on the web hard site.

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

On December 2, 2018, the Defendant provided B with “C”, which is an automatic business channel program developed by the Defendant, and B obtained profits by downloading obscene video files on the web hard site, and offered to pay the Defendant the cost of developing the program and the cost of maintenance and repair.

B, on February 17, 2019, access to F, a file-sharing site, using a computer, to H(H) (H) using a computer at the person’s residence located in Vietnam, and, on April 2, 2019, access to F, a file-sharing site, to a program “C” in which sexual intercourse between men and women is taken, so that many unspecified site members may be given points and downloaded, and 40% of the points paid are acquired through the above site, as described in the attached list of crimes, from around that time to April 2, 2019, by making the obscene video files more than 1,403 times in total as shown in the attached list of crimes, and by allowing many unspecified members to receive points from the above site.

Accordingly, the Defendant conspired with B to sell obscene images through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1.Each police officer with respect to B.

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