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(영문) 전주지방법원 군산지원 2019.03.22 2018고단1423
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who uses the “C”, “D”, and “E” from the Internet web site, “B.”

No one shall distribute, sell, lease, or openly display obscene codes, documents, sounds, images, or motion pictures through an information and communications network.

Nevertheless, at around September 14:36, 2018, the Defendant posted obscene images, including obscene images on which both men and women (i.e., “G” are exposed to their sexual organ and sexual intercourse, using a computer at the Defendant’s house located in the Sinsan City F, a total of 36,984 times from July 16, 2015 to October 8, 2018, as indicated in the attached Table “crime List”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the investigation report (a suspect A’s obscenity content attachment), investigation report (a photographic photographing of seized materials), investigation report (a suspect’s obscenity attachment) (a suspect’s obscenity list stored at his/her outer fright), AD’s list of obscene materials up to his/her business with AD, the announcement screen of the “E” and the investigation report (a report on the amount of criminal proceeds confirmation)

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. concerning criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although the reason for sentencing of Article 10(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment recognizes and reflects the Defendant’s crime, the Defendant illegally collected files such as motion pictures and dramas on the file-sharing website in 2015 and 2016 and was indicted four times in violation of the Copyright Act, and the Defendant committed the instant crime of 36,984 totaling obscene materials from July 16, 2015 to October 8, 2018.

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