정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
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.
Around August 21, 2017, the Defendant had access to “D” to “C” the Internet file sharing site using a computer at the Defendant’s residence located in Busan Shipping Daegu, Busan, and had sexual intercourse between male and female members run a obscene video file so that they can download it to an unspecified number of members of the said site. In addition, the Defendant attached a list of 1,348 obscene materials to a total of 1,348 prosecutors from January 30, 2018, but this constitutes a single comprehensive crime, and the Defendant did not attach the attached list, stating the time, completion period, method, site of the crime, and frequency of the crime.
The obscenity file was downloaded so that many and unspecified website members can download it.
Accordingly, the Defendant distributed obscene images through information and communications networks.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on the investigative report (as to the Hague business, 59 Aar specific dye), closure photographs of obscene products, crime sights, account transaction details, and site closure screen pictures;
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. concerning criminal facts and the selection of fines for negligence;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant appears to have an attitude against his/her mistake, the primary offender, and all of the posted obscene materials deleted: The amount of obscene materials, the period of the crime, the age, environment, character and conduct of the defendant, circumstances leading to the crime, etc. shall be comprehensively taken into account.