logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.09 2019고단577
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for four 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, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

On April 4, 2014, the Defendant, at the residence of the Defendant located in Daejeon Jung-gu, Daejeon, connected the web site “C” with the ID of “D” using Nowon-gu, the Defendant posted and sold obscene images on 290 occasions in total, including, from March 29, 2016, by posting and selling, an obscene image on the same method as indicated in the list of crimes, in which both men and women reveal their sexual organ by revealing the sexual organ by putting the title of “E” on the bulletin board and selling it.

Accordingly, the Defendant displayed and sold obscene images openly through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the output of basic information on 105 accounts, some outputs out of the list of obscenitys business, outputs of withdrawals by account, replies such as F banks, etc., and to the closure of notices files;

1. Article 74 (1) 2 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. and Articles 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense (or, collectively,

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case on the grounds of suspended sentence is deemed to be less severe in light of the number and contents of obscene materials posted, and the scale of criminal proceeds therefrom, etc., and other favorable circumstances, such as the defendant's overall recognition of the crime of this case and his mistake, and the fact that the defendant has no record of criminal punishment heavier than the same power or fine, together with other favorable circumstances, such as the defendant's age, character, character and environment, motive, means and consequence of the crime, etc., are shown in the arguments of this case, such as the situation after the crime.

arrow