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(영문) 수원지방법원 2019.07.05 2019고정440
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 1, 2018, the Defendant taken a bridge from the Internet hosting site to the site “B,” which is a obscenity owned by the Defendant in the vehicle of the Defendant, with a smartphone connected to the Internet obscenity to the “B,” which is a obscenity site, and posted two photographs showing the chests and the sexual part, etc. of the said women on the “D” bulletin board of the said site, and continuously posted two photographs at around 11:12 of the same day, by means of the same day, around August 14, 2018, that the said women’s chests and the sexual part, etc. were revealed as “E” in the same bulletin board.

As a result, the Defendant did not go against the victim’s will at the time of photographing, but later displayed the victim’s body, which could cause a sense of sexual shame against the victim’s will, and distributed obscene images via information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. A written accusation;

1. Suspect distribution notices and access tracking data [the defendant and his defense counsel shall post the victim's b body photographs on the Internet bulletin board without the victim's consent, but it is insufficient to prove whether the victim's b body photographs are contrary to the victim's intent. Thus, the defendant asserts that the defendant is not guilty.

However, unless it is recognized that the victim's explicit consent was given at the time of the above notice, posting the victim's body that may cause a sense of sexual shame on the Internet bulletin board shall be deemed to be against the victim's will, and each evidence of the ruling, in particular, the defendant himself, shall also be deemed to be against the victim's will.

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