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(영문) 수원지방법원 2020.05.14 2020고단1256
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

seizure.

Reasons

Punishment of the crime

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture through an information and communications network.

On July 11, 2018, the Defendant, at the house of the Defendant of the Defendant of the wife Category C, sent a total of 1,529 obscene video images by the same method from around that time to February 24, 2019, to D, a web site of the Internet web site, “E (E)” (E) and downloaded the video images connected by the Defendant, “E (E)” on the bulletin board of the place where the Defendant, “G,” engaging in sexual intercourse with the adults of the title B, “G,” and distributed them.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police seizure record and the list of seizure;

1. Investigation reports (in relation to users of greenhouse disc ID 'E'), investigation reports (in relation to obscene materials attached), investigation reports (in relation to the preparation of suspect suspect list), investigation reports (in relation to the preparation of suspect list), investigation reports (in relation to the revision of criminal proceeds);

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

1. Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Articles 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (generally, since legal benefits from damage are uniform and continuous, and the act of business downloads in the same way on the same website continuously with the same criminal intent for a certain period following the single and continuous criminal intent, it is reasonable to deem that such act constitutes a single crime

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 10 (1) and Article 8 (1) 1 of the Act on Regulation and Punishment of Punishment of Criminal Proceeds Concealment;

1. The crime of this case on the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a repeated display of obscene materials that the Defendant has repeatedly displayed on an information and communications network for a considerable period of time in order to make profits by using the file sharing site.

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