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(영문) 대구지방법원 안동지원 2019.05.29 2019고단127
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for four 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

No one shall distribute information with obscene content in the form of distribution, sale, lease, or openly displayed in the form of code, text, sound, image, or picture through an information and communications network.

Nevertheless, on July 30, 2016, the Defendant sent a total of 6,094 obscene images, as shown in the list of crimes, to the Defendant’s residence in Ansan-si, B, a computer, to “C” which is a file sharing site using a computer to enable an unspecified number of users to download obscene images of “E”. Moreover, from around that time to October 10, 2018, the Defendant distributed them by downloading a total of 6,094 obscene images, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Data of replies, such as output output on the basic level of 105 accounts, part of the list of obscene materials business obscenity, output on the withdrawals by account, and the F Bank, etc.;

1. Data to capture a notice, video file No. 6093 no. 6093, a year of crime sight;

1. Application of Acts and subordinate statutes to investigation reports (related to the execution of a warrant of seizure (2018-27323, c) and replies);

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. In light of the number and content of obscene materials posted by the accused for sentencing under Article 62-2 of the Social Service Order Criminal Act, the period of crime, profits acquired by the crime, etc., the liability for the crime is not easy.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant has no particular criminal record except for the punishment of a fine for a crime of double-class, which has been punished once.

In addition, the defendant's age, character and behavior, environment, family relationship, motive and background of the crime, means and result of the crime, and all the circumstances revealed in the trial process are judged as ordered.

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