logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.05.17 2019고단396
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 of the final judgment.

Reasons

Punishment of the crime

From August 2018 to October 2018, the Defendant created a bulletin board, such as “C”, “D”, and “E,” while operating B, which is a specialized site for obscene material advertising. Pursuant to the nature of each bulletin board, the Defendant expressed that he/she links obscene videos posted on approximately 56 obscene sites to gain double advertising profits on illegal gambling, etc.

Accordingly, around September 7, 2018, the Defendant posted a photograph of a obscenity, which took a female’s negative part on the F bulletin board of the above site, with a title “G” of “G,” and, if charactered, up to 10 times, posted a obscenity image in the same manner as written in the list of crimes in the attached Form, in which the obscenity video recorded in H, other obscenity, was directly reproduced.

Accordingly, the Defendant displayed obscene videos, etc. openly through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Requests for provision of communications data and replies;

1. Application of Acts and subordinate statutes to investigation reports (closed site);

1. Article 74 (1) 2 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. and Articles 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense (or, collectively,

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

1. Circumstances that are favorable for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant recognized the crime of this case, closed the site, and the circumstances unfavorable to the absence of criminal records for the same kind of crime: The site that imitates the closed obscene material site has been used to link the obscene material to the site and the number of visitors was high, and the sentencing conditions, such as the defendant’s age, character and behavior, environment, criminal background, and circumstances after the crime, shall be determined as ordered by a comprehensive consideration.

arrow