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(영문) 전주지방법원 군산지원 2013.09.25 2013고정486

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly exhibit any obscene codes, words, sound, image, or motion picture through an information and communications network.

Nevertheless, on April 2012, the Defendant subscribed to “D” on the Internet file sharing site “www.ftilemania.co. Ltd. Co., Ltd.” website at the Ocheon-gu, Ocheon-si, Ocheon-si, 2012.

around that time, the Defendant publicly displayed and distributed obscene videos through an information and communications network by publicly displaying and distributing obscene videos through a total of 348 times, as shown in the attached list of crimes (6) by posting them on the adult category of the above site, including a notice to enable a large number of unspecified members who have joined the file sharing site to get off obscene videos, in the entirety of the title, “Marriage 3 to 27 to 3 years old-old AV photographing,” which is called “Marriage 27 to 3 years old-old AV film.”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The current status of the release of the business lines, the details of the business lines, and the application of Acts and subordinate statutes on investigation reports;

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., concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;