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.
Nevertheless, the Defendant, by accessing the Internet on April 17, 2014, up to 23:31, posted the article “C” related to the Sewol ferry sinking incident published on the Nuri Internet news from the Yonhap News, and posted a notice to the general public so that many and unspecified people can view it as “C”.
Accordingly, the Defendant openly displayed obscene language through the information and communications network.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes concerning cutting down comments and cutting down data;
1. The phrase “obscenity” under Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., of criminal facts refers to the following acts: (a) the expression “obscenity” under 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., of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., means
To the extent that it can be deemed that the human dignity and value of a person who has the personality to be respected and protected beyond the degree of harming or disrupting, is seriously damaged or distorted, the expression or expression of sexual prejudice or act by an save method is a hostile expression or expression, and in light of social norms, it is deemed that the person appeals exclusively or mainly sexual interest and does not have the literary, artistic, ideological, scientific, medical, or educational value. In determining the obscenity of a expressive material, it is not a subjective intention of the producer of the expressive material, but a subjective intention of the average person of that society.