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(영문) 대구지방법원 2013.04.10 2013고정139

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

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Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has joined the Internet file file (htp://zftile.co.kr) with Addi: B and Adiv: A member.

Although obscene codes, words, sound, images, or videos are not distributed, sold, rented, or openly displayed through an information and communications network, the husband of the Dong-dong, "(Nonono)", by accessing the Internet computer installed in Gyeongsan-si D (E University 217) around September 2012, the husband of the Dong-dong, who was in the adult category, was using the Internet computer installed in Gyeongsan-si (E University 217), and distributed obscene videos, which is an divemous expression of sex relationship between men and women, to allow many and unspecified people visiting the website to get out of the said website, through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Evidential materials (data to capture dynamics posted by a suspect);

1. Application of the Acts and subordinate statutes on replies;

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 facts constituting an offense;

1. Articles 70 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;