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(영문) 광주지방법원 2020.06.26 2020고단693
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

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

1. Around October 8, 2018, the Defendant posted information such as the sales amount, reduced distance, etc. of video works containing an ambassador and sound that makes men and women leave the situation of sexual intercourse by connecting the Seo-gu building in Gwangju, the “D” operated by himself, and the “F” bulletin board of the relevant Kapet video list” category, and then distributed a total of 39 obscene video works from around that time to July 28, 2019, by receiving a sponsoring sales proceeds from the Defendant’s account (H) through the support and broadcast support platform service of “G” and transmitting links that allow customers to view through I.

2. On October 24, 2018, the Defendant openly displayed obscene video works 16 times in total, as shown in the Schedule 2 of the Crimes, by posting a video recording on the relevant website’s bulletin board, including an ambassador and sound, in which both men and women have to leave the state of sexual intercourse with “L/M/N” on the site’s bulletin board K make it available for viewing by any unspecified or large number of people, who have access to the said website, from around that time to April 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Attachment: E-printed screen (No. 5, 11, 18, and 25 No. 5 of the evidence list)/Attachment: Details of sponsoring that describe the items of the video and the printed information;

1. Data on reply / J (I) replys/S may be submitted;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1.With respect to the investigation/E of video images posted on each Internet I channel for internal investigation reports.

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