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(영문) 부산지방법원 2020.01.15 2019고단4686
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute or openly exhibit any obscene codes, text, sound, image, or motion picture through an information and communications network;

Nevertheless, from November 14, 2017 to July 2019, the Defendant made a bulletin board, such as “D”, “E”, and “F,” on the obscenity site of the Philippines 38th floor from around November 14, 2017, and posted a total of 3,697 obscene videos, etc. in the same manner as indicated in attached Table (1).

Accordingly, the Defendant distributed or openly displayed obscene images or videos to many and unspecified persons who connected the above site through information and communications network.

2. No person who violates the National Sports Promotion Act shall publicize an act of providing property or financial benefits (hereinafter referred to as "similar act") to a person who correctly predicted the result of issuing sports betting tickets or similar things by issuing sports betting tickets or similar things, or mediate or arrange the purchase of sports betting tickets or similar things;

Nevertheless, from November 14, 2017 to July 2019, the Defendant posted an advertisement of the distribution of the illegal sports soil site site, such as H, I, J, and K, at the place specified in paragraph (1) from around November 14, 2017, on condition that the Defendant would receive advertising expenses from the operators of the illegal sports soil site.

As a result, the defendant publicizeds the similar acts of illegal sports earth operators.

3. The distribution, sale, lease, or provision of taking pictures which may cause sexual humiliation or shame against the will of a person subject to taking pictures for profit-making purposes;

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