logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.20 2020고단2869
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

The Defendant is a person who uses Addi (ID) “Addi (ID)” on the website B of the Internet website.

No one shall distribute, sell, rent, or openly exhibit any obscene codes, language, sound, image, or motion picture to the public.

Nevertheless, on November 24, 2018, the Defendant, at the website D apartment and E residence of Gwanak-gu, Seoul Special Metropolitan City, had access to the Internet Web Do website B, “Adi (ID)”C, “after having access to the Internet Web B’s website B,” and had many unspecified members, who have joined the website, downloaded illegal obscenity images with sexual gender sexual intercourse.

From that time to July 31, 2019, the Defendant distributed unlawful obscene videos on the Internet web website B, as shown in the separate sheet of crime, via an information and communications network by allowing many and unspecified members to download 327,549 times.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Copies of each police seizure record and each list of seizure;

1. B subscription information, B connection log records, response data requested for the provision of each communication data, copies of a warrant of search, seizure and verification, G, and subscription information;

1. 스냅샷 52매 법령의 적용

1. Article 74 (1) 2 and Article 44-7 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts;

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

1. The social harm is not so significant in that obscene materials that are likely to distort the sound sexual consciousness and sexual concept 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 are promptly and easily disseminated through information and communications network, and thus, it is necessary to strictly eradicate them. The amount of obscene materials posted by the Defendant for a relatively long period of time is considerable.

arrow