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(영문) 청주지방법원 2013.12.17 2013고단1107
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 201, 201, the Defendant sent an obscene image on the Internet bulletin board (IDF) that “htp” (htp:/www.aw.m.c.r.) was connected to a “E” (IDF) which is an Internet file-sharing site, using a computer installed therein, and distributed obscene images on the adult bulletin board [no]’s video book (Wmv.wmv) by exposing sexual men and women to sexual intercourse and having sexual intercourse with the sex, and by posting an obscene image on the face of a sexual act, so that many and unspecified members of the above site may download it. From around that time to September 2012, the Defendant distributed obscene images through the same information and communications network as indicated in the attached list of crimes, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the materials of internal investigation, the provision of communication data, documentary evidence, circular newspapers, evidentiary materials, responses, each investigation report (number 11, 12), report on internal investigation (number 15) and report on internal investigation;

1. Article 74 (1) 2 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 labor concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant has already been sentenced to a fine for the same kind of crime; (b) the Defendant commits the instant crime at a disadvantage; (c) the Defendant reflects the mistake; and (d) the fact that there is no record of a suspended sentence or higher punishment, taking into account the motive, means and consequence of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age, character and conduct, and family relationship;

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