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(영문) 대구지방법원 2019.03.14 2018고단5198
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants live together with each other.

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall exhibit and distribute obscene images openly through an information and communications network;

Nevertheless, from April 13, 2017 to March 7, 2018, the Defendants: (a) taken the appearance of the Defendants’ exposure to sexual organ and sexual intercourses; (b) taken by Defendant A’s smartphones in which men and Defendant B had sexual intercourses with those who came to know through SNS; and (c) posted it to the Defendants’ management; (d) in such a way as to make it possible for the Defendants to see it, the Defendants conspired with others to exhibit and distribute a total of 128 obscene materials openly as indicated in the attached list of crimes.

2. No one shall enter military bases or installations installed with fences of the Protection of Military Installations or entry control marks without permission of the commander of the jurisdictional unit;

Nevertheless, the Defendants conspired on July 9, 2017 between 04:00 and 08:00, without permission of the commander of the unit in the “brine training site for the mobilization of the reserve forces in the fleet of the Army,” located inside the fleet of Gyeongnam-gun along with E for the purpose of sexual intercourse with the trade E belonging to the Army Dr. Dr.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A copy of the E-statement of the Army Company of the Army, and the witness E-statement (two times);

1. A written statement of F and G;

1. Evidential video CDs;

1. Views by capturing obscene materials posted by the suspect C;

1. Application of Acts and subordinate statutes on internal investigation reports ( internal investigation and photographs to the C Account);

1. Article 74(1)2, Article 44-7(1)1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts, Article 30 of the Criminal Act (the distribution or openly display of obscene images), and Article 24(6) of the Protection of Military Bases and Installations Act.

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