정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On April 28, 2013, the Defendant, in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution) sent the above pictures seven times in total, as indicated in the list of crimes (I), by linking the Defendant’s house, No. 105 Dong 1104, 1104, a smartphone printing app “D” to the Defendant’s house, and transmitting a man’s sexual photo, which was created by a woman (E), from that time to May 3, 2013, as indicated in the list of crimes (I).
Accordingly, the Defendant distributed obscene images through information and communications networks.
2. On April 28, 2013, the Defendant, at the same place as “D” on April 28, 2013, sent a photograph of a woman’s body exposure from “D” from F (n, 17 years of age) to Defendant’s smartphones, as indicated in the separate sheet of crime (II) from May 3, 2013 to May 36, 2013, and stored a total of eight times of female juveniles’ body exposure photographs.
As a result, the Defendant possessed obscene materials for children and juveniles.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer against E and G, and statement of the police officer’s e-mail against F;
1. Application of Acts and subordinate statutes to report internal investigation (the details of sending and receiving files related to A and attaching information on mobile phone subscribers);
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. (Selection of Fines and Fines) on criminal facts and Article 8 (5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012);
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of possession of obscene materials)]