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(영문) 서울동부지방법원 2020.05.08 2019고단4060

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, around August 12, 2019, at around 23:16, the Defendant distributed obscene images via an information and communications network at a total of 115 times from around 2019 up to August 31, 2019, as indicated in the attached list of crimes, by accessing the Internet web site “D” to E” website, and then opening up a video file with adults who are sexual men and women, as the title “F”.

Summary of Evidence

1. Defendant's legal statement;

1. A reply to a request for the provision of communication data (a request for the provision of communication data to connected IP addresses) and to report internal investigation (a request for access to business);

1. Application of Acts and subordinate statutes to report internal investigation (request for provision of communication data, such as the date of posting a suspected file file), internal investigation reports (lists of posted materials and partial closure of video works);

1. Article 74 (1) 2 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. 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 (generality of,

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;