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(영문) 서울중앙지방법원 2019.06.28 2019고단1385
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

1. From September 7, 2017 to October 5, 2018, the Defendant posted a total of 204 obscene images and photographs, as shown in the attached list of crimes, in the same manner, as shown in the attached list of crimes, by stating that, from around September 7, 2017 to around October 5, 2018, the Defendant, as the title “D”, “D” located in the Defendant’s residence located in another person’s C bulletin board, the name-free men and women have sexual intercourseed with C bulletin board.

Accordingly, the Defendant displayed 204 obscene images and photographs openly through the information and communications network.

2. Around April 5, 2018, the Defendant posted eight photographs with which the chest and sound, etc. of E are exposed in the same manner on the bulletin board of the said C, in the same manner as in the same place.

Accordingly, the Defendant displayed eight obscene photographs openly through information and communications networks.

Summary of Evidence

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. Application of police investigation reports (F C Search Results) statutes;

1. The crime of this case constitutes a single comprehensive crime, inasmuch as 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. related to criminal facts and Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. are identical with the legal benefits from damage, and since the defendant has repeatedly posted obscene images and photographs on the bulletin board operated by himself in the same manner as

The prosecutor indicted the instant crime as concurrent crimes, but the court recognizes the facts constituting the crime, which was prosecuted as substantive concurrent crimes, as they are. Provided, That only the legal evaluation as to the number of crimes is different, it shall be a single comprehensive crime.

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