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(영문) 서울중앙지방법원 2019.05.10 2019고단1310
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

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

Reasons

Criminal facts

The Defendant, along with B, produced and managed the obscene site called “C”, posted various obscene videos, photographs, etc. on the said site to secure the number of visitors, and led them to allow them to link adult goods, sports gambling, file sharing sites, etc. to broadcast advertising and receive advertising fees from the said companies.

1. The Defendant, in collusion with B on February 13, 2018, openly displayed the aforementioned pictures against the victim’s will by posting the victim’s face, sound, etc. exposed to the victim AP (the age of 23)’s face, sound, etc. on the bulletin board of the “C”, which is an obscene site, at a obscenity place, in collusion with B, and displayed them at will.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscenity) shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network;

Nevertheless, the Defendant, in collusion with B, posted a sexually related video with AP’s face and sound, etc. exposed to “AO” on the bulletin board of the “C” and entered the exhibition prosecutor’s statement in the indictment so that it can be downloaded to an unspecified number of people. However, Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. does not stipulate “sepicing” in the form of an act prohibited under Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the type of the Defendant’s act constitutes “ex officio modification thereof.”

At that time, from September 6, 2018 to September 6, 2018, obscene images were displayed openly through an information and communications network in total at least 20 times, as shown in the list of crimes in the attached Table.

The prosecutor indicted the defendant's act as "distribution" in the indictment, but prior to the prosecution.

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