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(영문) 서울중앙지방법원 2016.08.10 2016고정1783

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

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.

Nevertheless, on January 2016, the Defendant sent smart files (htp://mart.co. .kr) to Adi C (D) which is an Internet-sharing site in the original room located in Gwanak-gu, Seoul, Seoul, on the early 2016, and posted obscene images on the information and communications network 19 times in total, as shown in the list of crimes committed in the attached Table, with the title “E” as the title “E”.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the output by capturing obscenity video images;

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. for Criminal Facts and Selection of a fine for negligence;

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;