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(영문) 창원지방법원 2017.01.24 2016고단4351
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) at the Busan District Court, and completed the execution of the sentence at the Busan Detention Center on October 20, 2015.

On November 24, 2016, around 17:12, 2016, the Defendant displayed obscene video files, as its business, to the public, via an information and communications network, using obscene image files with the content of “E” connected to “W.onisk.co.,” a website (www.co.,) and with the content of “E” connected to “W.” (www.on.co.,).

In addition, from February 2016 to the above day, the Defendant opened a total of 1,420 times as shown in the attached list of crimes (1) and attached list of crimes (2) as shown in the attached list of crimes, and displayed 1,313 obscene video files on the Internet web site as a total of 2,733 times in total by up to 2,033 times in the Internet network.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (limited to disks-related data posted);

1. Egresponding a list of obscenity posted;

1. 스크린 샷 캡 쳐( 온 디스크)

1. Hambling a video screen;

1. A crime sight tag;

1. A criminal investigation report (the confirmation of crimes committed in addition to file investigation sites);

1. Egresponding to a list of obscenity posted;

1. 스크린 샷 캡 쳐( 파일 조)

1. Egresponding a screen of a dynamic image;

1. A list of crimes;

1. The net point exchange details;

1. Investigation report (verification of the number of obscene materials posted and the details of points exchange);

1. Efafacing in the greenhouse disc list;

1. A list of Onnuri disc crimes;

1. Points exchange details (nets and files tanks);

1. Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (the previous section), and investigation reports (the fact that the person is a repeated offender);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., concerning facts constituting a crime under the relevant provision of the Act;

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