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(영문) 수원지방법원 안양지원 2017.03.10 2016고정1067

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

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

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

Reasons

Punishment of the crime

No one shall distribute, sell, or lease obscene codes, phrases, sounds, images, or videos through an information and communications network.

Nevertheless, the Defendant, at around September 1, 2015, at the Defendant’s residence located in Mayang-gu B and 201, accessed “C” ID using “C’s clinic” from the site (htp:////ystile.com) of the Bank Line’s (htp) and distributed obscene images on a total of 100 occasions as indicated in the attached list of crimes, including the Defendant’s distribution of obscene images in the form of sexual intercourse between men and women as his/her business.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense;

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

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