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(영문) 부산지방법원 서부지원 2018.04.25 2017고단1885
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From around November 15, 2015, the Defendant, a person operating an Internet site “C” from around 2009, obtained advertising profits in proportion to the number of visitors, and made it possible to increase the number of visitors to view obscene videos so as to increase the advertising revenues thereby, and made the “ adult bulletin board” on the said website around November 15, 2015.

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

Nevertheless, around November 15, 2015, the Defendant posted a total of 249 obscene video images, as shown in the attached Table 1 column, from that time until April 15, 2017, by visiting the Defendant’s house located in Busan Northern-gu, by using a computer, and posting a sexually obscenity video with the sex of “F” on the adult bulletin board.

Accordingly, the Defendant displayed obscene images openly through information and communication network.

2. On November 15, 2015, the Defendant, in violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity), set up a “ adult bulletin board” on the above site at the place indicated in paragraph (1) around November 15, 2015, and directly posted obscene videos to encourage other members to post obscene videos on the “ adult bulletin board.”

Thus, E, a member of the above site, posted obscene videos with obscene images exposed to the female sexual identity of “G” on the above adult bulletin board around the 16th of the same month, from that time to February 13, 2017, and up to February 13, 2017, up to 14 obscene videos, as shown in attached Table 2, and members H posted a total of 14 obscene videos, and around December 30, 2015, up to February 16, 2017.

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