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(영문) 광주지방법원 순천지원 2018.05.17 2017고단2969
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly display obscene codes, phrases, sounds, images, or motion pictures through an information and communications network.

1. The Defendant is a person who uses the “B” from the “B file (htp: /W.b.g.com)” which is a web hard site.

Nevertheless, at around April 17, 2017, the Defendant posted an obscene video work on 746 occasions in total, as shown in the attached Table 17:58, from around that time until August 17, 2017, in light of the following: (a) around 21:32, the Defendant acquired points that can be used at the time of the use of the Defendant’s house 106-dong 501, which is the Defendant’s house located in Mineyang-si, and (b) obtained cash equivalent to KRW 1,584,411 by exchanging points acquired therefrom in cash with the purpose of transferring the point at the point when it is a gold agent.

Accordingly, the Defendant distributed obscene videos.

2. The Defendant’s distribution of obscene materials related to a new disc is a person who uses “htp” from “new disc (htp:/sedisk.com).

Nevertheless, at around July 24, 2017, the Defendant posted an obscene video product of the title “F” containing a face of sexual intercourse with a view to obtaining points that can be used at the time of using the site of “new disc” in 106 dong 501, which is the Defendant’s house located in Mineyang City, around 21:33, 2017, and up to August 12:29, 2017, the Defendant posted an obscene video product of 2,365 times in total, as shown in the list of crimes (2).

Accordingly, the Defendant distributed obscene videos.

Summary of Evidence

1. Statement by the defendant in court;

1. Each response document;

1. Application of Acts and subordinate statutes on the screen of each closure closure area;

1. Criminal facts;

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