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(영문) 인천지방법원 2015.09.17 2015고정2387

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, around April 20, 2015, the Defendant: (a) connected an Internet file file (www.yese.com) to a DNA file-sharing website, “D (H.D. E)”; (b) opened up 20 obscene video files, which sexual male and female exposed to sexual organ and engage in sexual conduct, and displayed openly to an unspecified number of unspecified persons, in the Defendant’s residence, as the title of “F”, which is an Internet file sharing site; and (c) opened up to the public.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (in response to the arrival of internal investigation and the request for subscription information);

1. On-site reports (verification of connected IP subscribers and wire call construction);

1. Application of Acts and subordinate statutes to a shot file closures;

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 and the selection of fines for negligence;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.