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(영문) 대구지방법원 서부지원 2016.09.23 2016고정664

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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, on March 2014, the Defendant, at the Defendant’s home located in Daegu-gu Office B, Daegu-gu building 602, connected the Internet file sharing website file (www.ysftile.com) to an undisclosed file, and distributed “D” file, a obscene video, with a gender exposed to sexual organ, by posting it in the data room.

In addition, from that time until December of the same year, the Defendant distributed obscene videos in a total of 19 times, such as the list of crimes in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidentiary materials on the screen of video materials and evidence;

1. Notification of the result of education to prevent recidivism of obscenity offenders;

1. Application of Acts and subordinate statutes to notify the result of education to prevent recidivism of obscenity offenders who are conditional suspension of indictment;

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. of Specific Crime (Selection of a punishment penalty) concerning the relevant crime;

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;