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(영문) 서울중앙지방법원 2019.07.12 2019고단1113
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

"2019 Highest 1113"

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

Nevertheless, from the beginning of August 2018 to October 18 of the same year, the Defendant posted 3,416 obscene images with sexual intercourse between men and women, as indicated in the attached list of crimes, such as the images of “N”, which are connected to C, D, E, F, G, H, I, and J, which are Internet file sharing box at the Defendant’s residence located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City from the beginning of August 2018 to the beginning of October 20 of the same year, and made it possible for unspecified persons to download them.

Accordingly, the Defendant distributed or openly displayed a total of 3,416 obscene images using information and communications networks.

"2019 Highest 3003"

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

Nevertheless, from November 8, 2018 to March 4, 2019, the Defendant posted a total of 1,985 obscene video images, both men and women, as described in the attached list of crimes, such as the video, etc. of Q Q, by accessing “G”, which is an Internet file sharing site, and using “P”, at the residence of the Defendant of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City B building, and allowing many and unspecified persons to download, as described in the attached list of crimes.

Accordingly, the Defendant distributed or openly displayed a total of 1,985 obscene images using information and communications networks.

Summary of Evidence

"2019 Highest 1113"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. "Investigation report (the details of points exchange), investigation report (the attachment of photographs after capturing obscenity deleted)" 2019No303;

1. Defendant's legal statement;

1. The defendant;

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