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(영문) 대구지방법원 2016.12.21 2016고정763

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

[2] On August 22, 2015, the Defendant: (a) connected to the hard disc (htp:/onisk.co.km) operated by a non-NCP Co., Ltd. to the “B”; and (b) displayed obscene images publicly via an information and communications network by enabling anyone to pay a certain point and read them through a download, and allowing anyone to use them through an information and communications network. The Defendant displayed obscene images publicly on the website “19 adult bulletin board,” including the face of sexual intercourse with the part of “C” in the title “C” on the site “19 adult bulletin board.”

The defendant of "2016 High Court 2136" is a person who uses "E" at the D website.

The defendant from around August 19, 2015 to the same year.

9. Until December 21, 200, the author “E” publicly displayed and distributed obscene video files to unspecified members, including video images, in the name of male and female members, including the 6700 video files, in which both male and female members in the title of “G” are sexually sexually active, on the Internet web site No. 102, by openly displaying and distributing obscene video files, for the purpose of obtaining points.

Summary of Evidence

"2016 High Court 763"

1. Defendant's legal statement;

1. The Internet screen and the closure of screen pictures "2016, 2136";

1. Defendant's legal statement;

1. Data, etc. for the closure of a course;

1. Requests for provision of communications data, replys and application of the statutes concerning details of transactions;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Act on Regulation and Punishment of Concealment of Criminal Proceeds from Collection;