logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.05.28 2020고단488
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, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, at around 00:23, January 20, 2019, the Defendant opened a dynamic image, such as sexual intercourse between men and women in a total of 6,915 times from March 5, 2016 to February 23, 2019, by accessing the Internet Internet bulletin board, which is one of his own web site, and using the “E” and “G” as a title “G”, with access to the Internet bulletin board, which is one of his own web site, and distributed and openly displayed obscene images through an information and communications network, as shown in the separate crime list, from March 5, 2016 to February 23, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal report (Attachment of obscenity documentary evidence), an investigation report (Review of relevant legal principles as to securing obscenity images);

1. D 회원정보, D 닉네임 ‘F’음란물 스냅샷 법령의 적용

1. The choice of imprisonment with labor under 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. and the choice of imprisonment with labor for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is not likely to cause a lot of social harm in that obscene materials, which contain the risk of distort the sound sexual consciousness and sexual concept of the general public, are rapidly and easily disseminated through information and communications networks.

However, the defendant is confession, is deeply against himself, and has no record of punishment.

Various sentencing factors, including the above circumstances, are the period of posting obscene materials (as well as about 2 years and 11 months) and the frequency (6,915), the size of the profits gained therefrom (as above), the Defendant’s age, character and conduct, environment, and circumstances after the crime.

arrow