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(영문) 울산지방법원 2014.10.02 2014고단1864
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for four months.

except that 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

The Defendant is a person who uses the ID “B” and “C” on the following website (htp:/www.rum.) following the Internet:

No one shall distribute, sell, rent, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network.

Nevertheless, at D Office located in Ulsan on January 14, 2013, the Defendant displayed an obscene image via an information and communications network up to 14 times in total until November 30, 2013, including, but not limited to, a publication on the title “E and F” in the title “G,” in which an unspecified woman appears to be a body, as well as a publication on the title “G,” in which an obscene image was displayed via an information and communications network on a total of 14 occasions from November 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the membership details and report on internal investigation (comprehensive output of posting obscene materials);

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. concerning criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. The sentence of suspended execution under Article 62(1) of the Criminal Act does not include a criminal record, and there is no criminal record other than a fine, but the defendant committed the crime of this case for a period of one year and more, and the number of times of which the defendant committed the crime of this case remains thereafter, and the personal photograph, which is obscene, can easily be exposed to obscene pictures by children and juveniles without any adult authentication procedure.

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