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(영문) 울산지방법원 2020.11.12 2020고단2106
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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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 became 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, from January 16, 2019 to January 31, 2020, the Defendant made a white paper of the Defendant’s residence located in Ulsannam-gu, U.S., with obscene women’s b body or sexual relation pictures, and obscene materials pictures containing the face of a famous female artist, and opened an online burg “C” page for the purpose of selling them, and displayed the sampling of the above obscenity photographs produced by the Defendant’s burg for the purpose of selling them. On January 29, 2020, around 14:14, 2020, the Defendant sent 10 original copies of the obscenity produced after obtaining 1,500 won for a photograph from the police officer belonging to the Gangwon Provincial Police Agency, who reported the above sampling from the Cyber Investigative Team, and sent 10 original copies of the obscenity.

Accordingly, the Defendant displayed and sold obscene images or videos openly through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Defafics or photographs by rooms;

1. Domestic History Report - Related to the results of the purchase of obscene products through cultural products rights - Arrangement of DNA replies - Search, Seizure and verification warrant replys - Specific circumstances A concerning the suspected person;

1. Application of Acts and subordinate statutes to search records and photographs of search sites;

1. Article 74 (1) 2 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc. concerning the relevant criminal facts and Articles 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the process and method of production of the synthetic pornography in this case; (b) the degree of appropriateness; (c) the degree of obscenity; (d) the Defendant has no record of punishment; (d) the Defendant’s age, environment; and (e)

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