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(영문) 서울중앙지방법원 2020.01.16 2019고단7287
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall distribute, sell or openly exhibit any obscene codes, text, sound, image, or picture through an information and communications network.

Nevertheless, on February 11, 2019, the Defendant, at around 21:29, access from the Defendant’s house located in Gangnam-gu Seoul, Seoul and C to D, a computer, to the Internet web site, and opened up a video of the sex of male and female, “-G,” which is the Internet web site, with Addi (E) and as well as a video of the sex of the Defendant, as shown in attached Table 1, 2;

3. As described in the foregoing, from January 4, 2019 to February 21, 2019, obscene materials were up to 1,892 times via an Internet web site, e.g., “D,” “H,” and “I,” and were distributed and displayed openly through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Search, seizure and verification warrant, police seizure record, and seizure list;

1. A criminal report (attached materials for obscenity);

1. Three copies of the withdrawal (D, H, I);

1. D 채증화면 및 스냅샷 2매, D 닉네임 ‘F’의 필로그 화면 25매

1. Application of the Act and its subordinate statute to a obscenity file in which Diplomatic “F” was exposed to its business

1. Relevant Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. for criminal facts (in addition to the crime of this case, including each site, the legal benefits from damage are the same, and the crime of this case is repeated by the same method as continuously posted on three sites for a single and continuous criminal intent, and thus, the crime of this case constitutes a single crime for each site and constitutes a single and substantive concurrent crime. Each of the parties choose to imprisonment)

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

1. Article 62 (1) of the Criminal Act;

1. The sound sexual sense and gender of the general public for the reasons of sentencing under Articles 10(1) and 8(1)1 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment.

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