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(영문) 의정부지방법원 2017.08.10 2017고정1149

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

1. Around February 5, 2016, the Defendant, at the Government-Si, Dong department B in Gyeonggi-do, connected the Internet via a computer, and opened a video image with a file number “D” from the Internet file sharing site (www.ftil joint andcom) and “C” as the title “W.C” and “C”.

2. Nevertheless, around July 2016, the Defendant, at the Government-Si, the Dong department B of the Gyeonggi-do, connected to the Internet via a computer, and upcoming the file 'H' on the Internet web website (Ethical: F, notice number: G) as the title, “H” was called the victim I’s sexual intercourse with the victim I.

Accordingly, the Defendant displayed obscene images openly through information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. Each complaint;

1. Each police statement made to E and I;

1. Data concerning the sale of obscenity video products and the closure of the distribution of obscenity by web hard site;

1. Application of Acts and subordinate statutes to a criminal investigation report (the date of posting a notice by suspect), investigation report (the place of posting a suspect, etc. shall be specified);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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