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(영문) 수원지방법원 2018.08.16 2018고단1112
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 2, 2014, the Defendant came to keep the victim's body in his/her smartphone by receiving several photographs exposed to the victim's body, such as the victim's DNA (nive, 19 years of age) and was aware of the victim's DNA (nive, 19 years of age) and was dead, and the victim took clothes from the victim's smartphone, and spawn the chest.

At the end of October 2017, the Defendant sent eight copies of a photograph exposed to the victim’s body through an open hold hold (K) of “J”, which was opened to receive obscene pictures and images, from one’s own house located in Suwon-si E apartment complex, Suwon-si, Suwon-si, the Defendant sent the victim’s personal ideas, such as the victim’s age and domicile, and then posted a false statement on G B B B, that at that time the victim’s exposure pictures and personal information, as well as the victim’s sexual intercourse with an unspecified majority.

As a result, the Defendant distributed obscene images via information and communications networks, and at the same time undermined the victims through information and communications networks, thereby impairing the honor of the victims by disclosing false information openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Article 70 (2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (a point of spreading obscene materials) concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (Punishment provided for in any violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The victim's chest is revealed at the Internet website for sentencing of Article 62-2 of the Criminal Code of the Social Service Order.

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