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(영문) 부산지방법원 동부지원 2019.10.24 2019고정214

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

Nevertheless, on June 12, 2018, the Defendant connected 'D' and ‘E' to 'G', which is the Internet web hard file sharing site', the Defendant distributed or openly displayed obscene videos through the information and communications network in a way that many unspecified site members can download the above obscene videos by exposing the sexual organ and having sexual intercourse with 'G' as the title of ‘G'.

Summary of Evidence

1. Defendant's legal statement;

1. Materials related to notices, and information on subscribers to the F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 an offense;

1. Articles 70 (1) 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;