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(영문) 수원지방법원 2019.06.13 2019고단1311
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture through an information and communications network.

On October 26, 2018, the Defendant: (a) around October 26, 2018, at the place of residence located in the Gyeonggi-si Si, the Internet Sharing Site B, and (b) obtained points points points points; (c) opened up with obscene videos having sexual intercourse, which reveal the sexual organ of an adult male and female; and (d) opened to allow other members to download obscene videos with obscene images having sexual intercourse, such as a list of crimes, from January 9, 2017 to November 1, 2018.

Accordingly, the Defendant distributed or openly displayed obscene videos using information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (referring to the submission of a detailed statement of transaction) and a report on internal investigation (referring to the storage of obscenity images and the closure of image screen);

1. Application of the Acts and subordinate statutes, such as B details of replies and list of obscene materials circulated;

1. Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Articles 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (generally, since legal benefits from damage are uniform and continuous, and the act of trade route has been repeated by the same method continuously following the single and continuous criminal's crime, it is reasonable to deem that the crime constitutes a single comprehensive crime; choice of imprisonment

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

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of the instant crime is 5,239,447 explicit and detailed expressions in order for the Defendant to make profits by using the file sharing site.

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