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(영문) 창원지방법원 통영지원 2014.05.13 2013고단656
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

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

Reasons

Punishment of the crime

On August 27, 2013, the Defendant was sentenced to a suspended sentence of 6 months for larceny, etc. in the Changwon District Court’s branch court’s territorial branch on August 27, 2013. The judgment became final and conclusive on September 4, 2013.

"2013 Highest 656"

1. On May 2, 2013, the Defendant, around May 2, 2013, connected the Defendant’s Internet site “B” (www.tisk.co.k.k) to the Defendant’s DNA “D” and distributed obscene video recorded on the face of the head of the E having sexual intercourse with the Defendant’s sexual intercourse through the information and communications network.

2. On May 4, 2013, the Defendant distributed obscene video recorded on May 4, 2013 through an information and communications network, after having access to the Internet site’s “www pop (www.ppop.com)” to the Defendant’s IDF, and then having access to the Defendant’s sexual intercourse with the Defendant’s sexual intercourse.

"2013 Highest 706"

3. On January 31, 2013, the Defendant distributed obscene video recorded on the face of gender by means of an information and communications network, with the title “H”, after accessing the Internet file-sharing site’s “www.pop.com” to the “www.pop.com.”

"2013 Highest 768"

4. On August 22, 2012, the Defendant distributed obscene video images recorded on the surface of a man and woman with sexual intercourse under the title of “G,” at the Internet file sharing site (www.pop.com) via an information and communications network, at C CP located in Gyeongnam-si, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the screen and closure of a obscenity screen and closure and an investigative intelligence report;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal and investigation records records;

1. 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 Selection of Imprisonment with labor concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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