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(영문) 대구지방법원 2019.09.19 2019고단2710
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

A. On December 26, 2018, around 02:11, the Defendant posted on the “B” website, at a mutually influent PC room located in the Simsan Si (hereinafter referred to as “B”), the Defendant, using a computer located therein, carried out the Internet file-sharing site “B”C”, which is a “Iidi”c, affiliated to the membership account of the Defendant, and called “D”, which is called “B” and whose sex is sexually expressed in the adult bulletin board, from that time to January 23:14, 2019, up to 1,405 times in total, as indicated in the list of crimes.

B. On January 1, 2019, the Defendant posted on the website “E” and “F”: (a) at the Daegu Suwon-dong, Sinsan-dong, Sinsan-dong, Sinsan-si, and Sinsan-si, Sinsan-si; (b) using a computer located therein, describing “E” as “H” in the adult bulletin board by accessing the membership account of “E”, which is an Internet file sharing site; and (c) accessing the Defendant’s seat to the adult bulletin board, “E”; and (d) accessing the membership account, which is the Defendant’s seat, “E” and “E” as the title “K” in the adult bulletin board, which is the Internet file sharing site of “F,” which is an Internet file-based “Edidi”, and “Edi”, which is affiliated to the Internet file sharing account of “E” and “EdiM”, which is described as “N obscenity’s obscene file as an obscenity’s obscene file.

Accordingly, the Defendant distributed obscene images through information and communications networks.

2. The person shall make an obscene code, words, sound, image, or picture through an information and communications network;

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