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(영문) 서울북부지방법원 2019.07.25 2019고단1601
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 08:45 on June 27, 2018, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul Northern apartment C, posted a video image (E) on which a woman, who has opened a video hosting on Cloud service site, by using a computer located in the Defendant’s house, reveals the chest by himself/herself, opens a panty, sets off a panty, and talks with a panty, and posted a copy of a photograph by cutting off the video.

2. At around 14:25 on June 28, 2018, the Defendant, at the place specified in paragraph (1), posted a video image (the file name “I”) on which a woman, using a computer located in the said place, was removed from his/her upper part, cut his/her chest, cut his/her panty, cut his/her panty part, added his/her panty part, added his/her panty part, added his/her video to the Internet F website, connected the Defendant’s ID, and sent a copy of his/her dynamic image to the J.

Accordingly, the Defendant displayed obscene images and videos openly using information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. A report on internal investigation (F clinic image display data, caps, etc.) and investigation report (F website business log information provided by the Incheon Metropolitan Police Agency);

1. Data on replies;

1. Application of video CD-related Acts and subordinate statutes;

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. and the Selection of Imprisonment with labor concerning facts constituting an offense;

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

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order is while conducting video-recording.

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