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(영문) 서울서부지방법원 2015.02.04 2014고단1214
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for six 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 one shall distribute, sell, lease, or openly display obscene codes, text, sound, image, or motion picture through an information and communications network.

Nevertheless, from July 15, 2010 to November 30, 2012, the Defendant opened a website on the Internet, installed a bulletin board with the name of “New Korea Campdong, Japan's Campdong, Japan's net / camping hall, Seoyang Europe dial-a-gu officer, and Malivia social” on the Internet, and up to this point, both men and women are aware of their body, with the name of her, such as “mast, mil,” and the head of a Si/Gun/Gu, with the body of her men and women’s baby, sexual organs and body organs, sexual organs, sex organs and body organs, etc. used tools such as Babalter, etc., and had women wear and her self-defense or pathic affairs, with the maximum face of women's sexual intercourse, and post women's members' obscenity with obscene images, and then expressed them through the Internet file with her total obscenity and her obscenity list.

Accordingly, the Defendant openly displayed and distributed obscene images or videos through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Copy of business registration certificate, deposit account, and business information;

1. A copy of a photograph of the site screen and investigation report (a report on the attachment of obscenity screen);

1. Application of the CD (Evidence No. 15) statute

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. concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act is the first offender, and the age of the defendant; and

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