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(영문) 대전지방법원 천안지원 2020.01.31 2019고단2893
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 information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture via an information and communications network.

Nevertheless, from August 19, 2019 to June 16:54, 2019, the Defendant distributed four video files, such as the list of crimes in attached Table 20 to B apartment C, and the Defendant’s home, using the program, which is a P2P Internet file sharing program, from the Defendant’s home, to the public for many unspecified persons using the aforementioned program.

Summary of Evidence

1. Defendant's legal statement;

1. A report on analysis of the DNA dissemination of tracking systems, such as illegal photographing objects;

1. Application of Acts and subordinate statutes to internal investigation reports (request for provision of communications data = 3 IP holders), copies of internal investigation reports (a copy of a warrant of search and seizure verification (No. 2019-10264)

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the choice of punishment for a crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. For the reasons of sentencing under Article 62(1) of the Criminal Act, each of the crimes in this case is likely to distort the general public's sound sexual consciousness and sexual sense, and rapidly and easily spread obscene materials that may infringe upon the honor and privacy of the filmer through information and communications network. It is not significant social harm. The obscene materials posted by the defendant are not made for commercial purposes, but for commercial purposes, so-called "bennano", which is not the so-called "bennano", which has the record of punishing the suspension of execution due to the same crime, around 2006, that the defendant has the record of punishing the suspension of execution due to the same crime, on the other hand, that the defendant confessions and reflects each of the crimes in this case, and that the defendant is neither the photographer nor the first distributor.

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