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(영문) 대구지방법원 의성지원 2017.02.09 2016고정110

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who uses the “C” in the Internet file sharing website B.

From September 13, 2016 to October 20, 2016, the Defendant distributed obscene materials by continuously accessing the B site from the Gyeongbuk-gun to computers, and posting 4,296 images of women, women, and men, including video files, in which sexual intercourse and sexual intercourse are seen as “E” on the adult bulletin board, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (report on criminal intelligence and the process of receipt of the case), investigation report (Submission of a detailed statement of transactions of the NongHyup Account of the suspect A);

1. Requests for provision of communications data and the application of Acts and subordinate statutes of correspondence;

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;