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(영문) 서울중앙지방법원 2016.09.20 2016고단4929

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. A. Around March 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity) using a disc site (hereinafter “E”) posted obscenity files on the Internet file-sharing website (www.vegadisk.com) by accessing the Internet file-sharing site to AD “D” (www.vegaisk.com) and then exposing the sex of men and women, as well as posting obscenity files to the obscenity merchants “F” in the form of exposing sexual intercourse and sexual intercourse. At that time, the Defendant posted 10 video files of obscenity, such as the list of crimes (1) in attached Form 2.

Accordingly, the Defendant distributed obscene images through information and communications networks.

B. Around April 2016, the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscenity) using the file site, at the same place as before, and at the same time, at the Internet file site (www.ystile.com) via a computer, posted the obscenity merchant “I file as well as the obscenity,” in which male and female sexual intercourse with ID “G” (www.ystile.com) by accessing the Internet file site, which is an Internet file-sharing site, and in which the form of exposing sexual organ and sexual intercourse was recorded, to enable many and unspecified persons to download it.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. Views by capturing each obscenity;

1. Application of Acts and subordinate statutes to capture obscenitys;

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. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.