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(영문) 서울북부지방법원 2019.09.20 2019고단1541
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for not more than ten months.

60,450,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, on December 23, 2014, the Defendant opened a web site B with a computer to the account “C”, a web site, and distributed obscene video files via an information and communications network by downloading a total amount of 29,587 video files via an information and communications network, as shown in the separate crime list, from October 10, 2018, by accessing the above “C” website to the account of “D,” “F,” and “G,” as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports (related to the execution of seizure warrants (2018-27323, c), and attached 105 basic data outputs of accounts, some outputs of the list of obscene materials business lines, and outputs of the details of withdrawals by account (in the order of days by IDs);

1. A criminal investigation report (related to the attachment of the original image of the business) and attached business log video files (Attachment to CDs);

1. Investigative report (related to the original file of obscenity that a suspect has run) (related to the suspect's obscenity video files) and other closure data of obscenity images attached thereto;

1. Application of Acts and subordinate statutes to customer personal information inquiry (No. 228 pages of investigation records);

1. Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the Selection of Imprisonment with prison labor concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 10(1) and Article 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment is that the defendant all acknowledges the crime of this case and reflects the mistake, and that the defendant is the first offender who has no record of criminal punishment before.

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