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(영문) 창원지방법원 2016.03.29 2015고단3224
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Around May 23, 2014, the Defendant continued to keep the victim D and continued to have an employee who had first been employed at the 'C' business place located in Changwon-si B, Changwon-si. On November 201 of the same year, when the victim discontinued his/her business, and later tried to resume his/her business at the business place. Although the victim recommended the victim not to work at the business place, the victim started to gather the victim as he/she was located in the defendant while refusing it, and the victim started to gather the victim. On August 23, 2015, around 05:24, the Defendant sent the victim's b body pictures stored to the victim, who would leave the victim's seat if the victim ceases to work at the phone with the victim's public telephone in the Korean Buddhist University located in Daegu-si, Daegu-si.

However, the victim did not hear it.

Accordingly, the Defendant, at around 05:39 on the same day, lent the victim’s chest and sexual flag, which had been stored in his e-mail before the date, left on the monitor the cell phone of the son, affixed the photo on the cell phone, and sent the photo to G who is a female student of the victimized party, and then sent the photo to approximately 20 persons such as family members and relatives of the injured party on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A complaint;

1. Application of each statute on photographs;

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 an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the injured person does not want the punishment of the accused, that the accused is the first offender and is receiving mental treatment);

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