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(영문) 서울서부지방법원 2015.01.22 2014고정2312

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall distribute, sell or openly exhibit obscene images or videos through an information and communications network.

Nevertheless, on July 1, 2014, at around 09:57, the Defendant, at the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government, opened a obscene video file with 435 obscene video files from around 09:5 to around August 2014, by linking 'www.fil joint and several (w.com)’s website to 'AdiC' and 'E in which the sexual act of male and female is taken.'

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the screen of a investigative intelligence report and a closure report attached thereto;

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;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;