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(영문) 의정부지방법원 고양지원 2013.03.15 2013고정84

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall distribute any obscene information with a content distributed, sold, rented, or displayed openly in the form of code, text, sound, image, or picture by means of an information and communications network.

Nevertheless, around September 14, 2012, the Defendant sent obscene materials using an information and communications network by accessing “htp” (htp:/fil.com/com.) to a DNA “IB” (hn) in which both men and women are admitted to the Internet file sharing site (hereinafter “htp”) with their personal information, and distributing obscene materials, i.e., “http” (hereinafter “C”), in which men and women are off and have sexual intercourse and have sexual intercourse, as their business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of photographic Acts and subordinate statutes after capturing a file;

1. Selection of a fine or fine under Article 74 (1) 2 or 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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;