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(영문) 전주지방법원 2019.05.08 2018고단2410
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 one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture through an information and communications network.

Nevertheless, at around 23:19 on October 30, 2018, the Defendant, at the place of residence of the Defendant, visited the building B (third floor) in Seongdong-gu, Seoul Special Metropolitan City (third floor), using a DNA “D” to access the Internet site C, thereby obtaining points points on the bulletin page, and opened a file in the same way as a file name “E” in order to reveal the sexual organ of adult male and female and have sexual intercourse with the enemy, as described in the attached list of crimes, as described in the attached list of crimes.

Accordingly, the Defendant distributed obscene images or videos through the information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Cases of replies to a warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes for internal investigation (DVD storage of obscene videos);

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 choice of punishment for a crime, and the choice of imprisonment, respectively;

1. Article 62 (1) of the Criminal Act;

1. The distribution of a large number of obscene materials for the reason of sentencing under Article 62-2 of the Social Service Order Act: Provided, That it does not seem to have posted illegal videos, and there are no profits earned from the crime of this case, contrary to the fact that there is no record of criminal punishment, and there is no record of criminal punishment, and other various circumstances, including Defendant’s age, character and conduct, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined as per the order.

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