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(영문) 서울중앙지방법원 2017.08.16 2017고정562

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

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

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

Reasons

Punishment of the crime

The Defendant is the BJ (videoacoki) of the clinic of “E” at Internet broadcasting website D.

No one shall distribute, sell, lease, or openly display obscene codes, sound, images, or motion pictures to the public.

Nevertheless, on February 4, 2015, the Defendant joined the D website as “E” and registered as BJ on April 25, 2016, and displayed and distributed obscene videos using an obscene information and communications network at least nine times in total by means of entry in the list of crimes in the attached Form No. 2016, on April 25, 2016, on the one hand, at his/her own residence located in Pyeongtaek-siF, he/she received a set of pan club members and received a set of money from members of the pan club in his/her own residence, and made it possible for members of the pan club to view the pan club in real time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each investigation report, closure screen and closure data;

1. Application of the USB Acts and subordinate statutes;

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

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;