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(영문) 수원지방법원 2016.10.13 2016고단3844
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

1. Defendant A and B shall be sentenced to one year of imprisonment, Defendant C shall be sentenced to eight months of imprisonment, Defendant D shall be sentenced to a fine of KRW 5,00,00, and Defendant D shall be sentenced to a fine of KRW 1,000.

Reasons

Punishment of the crime

Defendant

A and Defendant C opened an illegal obscene site on March 9, 2013 and recruited obscene materials, posted them on the advertisement site of commercial sex acts, and recruited to receive advertising expenses, and produced and operated “F”, which is an illegal obscene site through the website developer. Defendant B participated in the business from the above Defendants on April 2014, divided profits by 1/3, and conspired to commit a crime by accepting a proposal from the above Defendants, and Defendant D consented to the development of the “G” site, which is an illegal obscene site, from around November 9, 2015, upon receiving a proposal from Defendant B to receive the management of “F” and “G”, which is an unlawful obscene site, from around November 1, 2016, and conspired to commit a crime by accepting the proposal from Defendant A to request the management of “F” and “G”, which is an unlawful obscene site.

1. A person violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) did not distribute information with obscene content distributed, sold, rented, or openly displayed obscene codes, words, sound, images, or videos through an information and communications network. However, Defendant A: (a) from January 2014; (b) from around April 9, 2014; (c) Defendant D from around November 9, 2015; and (d) from around January 2016 to January 16, 2016; (b) Defendant C conspired with the former from around January 2014 to around January 301, 205; (c) Defendant C directly put obscene materials on the “F (I et al.); (d) had members of the said website display videos, etc.; and (d) displayed three 1 and nine obscenity images of both men and women exposed to the said website by means of the said website and server management.

2. Any person who violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. shall be placed in his/her business establishment that performs commercial sex acts, arrangement of commercial sex acts, etc.

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