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(영문) 의정부지방법원 2020.06.18 2019고단5759
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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, sell, rent, or openly display any obscene codes, letters, sound, image, or motion picture via an information and communications network.

On March 17, 2016, the Defendant, at the Defendant’s home located in Seocheon-gun, Gyeonggi-do, connected the Internet web site B to Adddi (E) (hereinafter “E”), and opened a video file with a sexual intercourse page between the male and female members of “F on the adult bulletin board,” as shown in the list of crimes in the attached Table, and opened a total of 10,310 obscene video files from March 17, 2016 to November 22, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report (CID "D" related to actual users, criminal proceeds acquired by the suspect, and analysis of seized articles)

1. Application of Acts and subordinate statutes to photographs, records of production of obscenity, photographs of field documentary evidence, and reports on the analysis of digital evidence;

1. Article 74 (1) 2 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. and Articles 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense (or, collectively,

1. The reason for sentencing of Article 10(1) and Article 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment for the crime of this case on the reason of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the provisional collection under Article 48(1)1 of the Act on the Suspension of Execution (hereinafter referred to as "the Reasons for the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime

However, more favorable circumstances, such as the fact that the defendant recognizes and reflects the crime of this case, and that there is no criminal history of punishment, and other favorable circumstances, including the defendant's age, character and behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, before and after the crime.

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