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(영문) 의정부지방법원 2018.04.12 2018고단666
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became 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, text, sound, image, or picture via an information and communications network.

1. On October 23, 2017, Defendant A opened and operated the Internet site “AV”, “AV”, “Mymbook”, “sex cartoon”, and “ adult hexat”, using a computer at the Internet site (hereinafter referred to as “AV”)’s building and office located in 1004 on October 23, 2017, Defendant posted a link to a file-sharing site, in which an obscene photograph of “E” is printed on the “Mymbook,” in which an obscene photograph of “E” is printed on the file-sharing site, and, from September 19, 2016 to October 23, 2017, Defendant A put an obscene video, etc. on an obscene or obscene file on an information and communications network, including an obscene photo, 768 obscene video, 105,717, and 297, by means of an information and communications network.”

2. Defendant B aided and abetted the act of distributing or openly displaying obscene videos, etc. through an information and communications network by performing the construction of the site server, the production of the site server program, and the maintenance and repair work, in order to facilitate the commission of the crimes described in the above paragraph (1) from around September 19, 2016 to October 23, 2017, at his own house located within the Busan Young-gu G building and 808.

Summary of Evidence

1. Defendants’ respective legal statements

1. Data on internal investigation reports (where documentary evidence is attached to a DNA obscenity), data on closure of a screen on the package of the D website, data onH inquiry, and data on the output of DNA omaintools;

1. The written reply materials;

1. Data on investigation report (case of confirming deposit accounts related to D advertising), data on output of e-mail replies, and data on output of PT in the process of D advertising;

1. The investigation report (suspect A.

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