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(영문) 울산지방법원 2020.12.10 2020고단3541
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

(a) No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture via an information and communications network;

Nevertheless, on February 2020, the Defendant distributed obscene images via an information and communications network 28 times in total, by the same method as indicated in the attached list of crimes, in a total of 20 times via an information and communications network, as shown in subparagraph (1) of the attached list of crimes, in the title of “D” to its account (C) through which many and unspecified persons can access to the social network services (SNS) and, as a result, a man who is not a man was exposed to the sexual organ of another man.

(b) No person who sells e-mail using shall distribute information with a content that distributes, sells, lends, or openly displays obscene codes, words, sound, images, or motion pictures via an information and communications network;

Nevertheless, the defendant around 15:19 on February 12, 2020

A. The Defendant transferred KRW 10,000 to the national bank account (F) in the name of the Defendant for the sale of obscene materials from E who reported and contacted the advertisement for the sale of obscene materials, such as paragraph (1), and then sold obscene images such as self-defense by the male to the above E via e-mail, and then sold obscene images via the information and communications network in total 10 times in the same manner from March 11, 2020 to March 11, 202.

2. Pursuant to the public performance obscenity around February 2020, the Defendant used the G Apartment Hdong’s common stairs and corridor in Yangsan-si, as well as the act of openly obscenity by photographing the image of sexual organ in his hand, and then openly obscenity from that time until April 2020.

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