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(영문) 인천지방법원 부천지원 2016.08.10 2016고단1396
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 18, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution, and the above judgment became final and conclusive on May 26, 2016, for the following reasons: (a) a violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (obscenity distribution) in the Incheon District Court’s Vice Branch Branch Branch Branch

[Criminal facts]

1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscene materials) shall distribute, sell, rent, or openly display any obscene codes, text, sound, image, or motion picture through an information and communications network;

Nevertheless, from February 9, 2012 to July 28, 2012, the Defendant posted obscene videos more than 440 times in the same manner as indicated in the attached Table No. 1, 2012. From March 21, 2012 to July 28, 2012, the Defendant revealed that, by using a computer, both men and women visited “C” the Internet file sharing site by revealing their sexual organ and posting obscene videos with the content of sexual intercourse with “E”, etc., the Internet file sharing site so that many and unspecified persons visiting the said site can be seen as being exposed to the said site, and that, from March 21, 2012 to August 20, 2012, the Defendant revealed that the Defendant posted obscene videos in the same manner as indicated in the attached Table No. 2, “E” and then posted them to “FG access” in the same way as “E.” (hereinafter referred to as “E”).

Accordingly, the Defendant distributed obscene images through information and communications networks.

2. Any person in violation of the Copyright Act shall reproduce, perform a public performance, transmit to the public, exhibit, distribute and lend the author's property rights and other property rights protected under this Act, and derivative works;

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