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(영문) 서울중앙지방법원 2017.03.07 2017고정702

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

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

Nevertheless, around March 6, 2013, around 10:18, around 10:50, the Seoul Seocho-gu Seoul Seocho-gu A and 501 posted 14 copies of obscenity obscene photographs, which appear to be female obscenity, using the Internet next to the KCA C opened and a camera, and D’s clinic.

In addition, the obscene materials were displayed openly by 11 times until February 17, 2016, such as the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation by each police (in relation to the posting of obscenityD obscenity, and relation to the suspect A's specific telephone statement and commissioned investigation);

1. Application of Acts and subordinate statutes to data on the initial screen of the camera, and obscene materials output;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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