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(영문) 수원지방법원 성남지원 2015.02.11 2014고단2832

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who was a member of the Internet attachment file site (www.appftile.com) as a seller’s name.

In spite of having no distribution of obscene videos through the information and communications network, on January 2012, the Defendant, by accessing the file site at his/her own home located in Sungnam-si, Sungnam-si, Mannam-si, distributed the obscene materials with the content of sexual intercourse by appearing both men and women on the adult bulletin board at the same place, and allowing unspecified number of members of the said site to download 100 points.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation report (Evidence List No. 3);

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. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act ( Taking into account all the circumstances, such as the first offender, the point in depth, and the point in which the distributed images are one);