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(영문) 부산지방법원 2013.03.20 2012고정6147

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant joined the Internet Data Sharing Site B (C) as a member “Adi: D or D: E” and no one may distribute or openly exhibit obscene videos through an information and communications network. On August 2012, the Defendant visited the Defendant’s Internet computer installed in the Defendant’s home located in Gyeongsan-si, Yangsan-si, Gyeongnam-si, and distributed obscene videos through an obscene information and communications network by accessing the Defendant’s Internet computer installed in the Defendant’s home located in the same site in the same field of adult category (E) [E] [HD]] “Tokyo Hot 0721 G (HD).”

Summary of Evidence

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

1. A report on the arrival of domestic animals;

1. Application of Acts and subordinate statutes to evidential data (such as the closure data of a dynamic image);

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. 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;