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(영문) 춘천지방법원 강릉지원 2017.06.08 2017고정141

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 700,000.

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 codes, phrases, sounds, images, or motion pictures through an information and communications network.

Nevertheless, on December 2016, the Defendant posted 15 obscene video files with any similar content, including the sex and sexual behavior of both men and women as “E,” and distributed them by allowing many unspecified C members to download, using a computer at the office located in Gangseo-si B, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the screen data on the screen of obscenity, and information on subscribers;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;

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;