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(영문) 울산지방법원 2017.04.18 2017고정234

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly display obscene codes, phrases, sounds, images, or motion pictures through an information and communications network.

Nevertheless, from Sep. 2016 to Nov. 14, 2016, the Defendant connected the Defendant’s home to the “Y” file-sharing file, an Internet file-sharing file, and distributed 500 obscene videos in total, as shown in the attached list of crimes, by making sexual intercourse between men and women run business, as the title of “D”, and as the title of “D”, was connected to the Defendant’s home from Sep. 2016 to the “Y” file-sharing file, which is an Internet file sharing box.

Summary of Evidence

1. Statement by the defendant in court;

1. 피의 자 게시 음란물 목록 캡 쳐, 스크린 샷 화면 캡 쳐 법령의 적용

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence (see, e.g., Supreme Court Decision 2009Du148, Apr. 1, 20