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(영문) 대전지방법원 서산지원 2018.09.12 2018고정173

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 may distribute, sell, rent, or openly display obscene codes, language, sound, image, or motion picture via an information and communications network, but the Defendant, during March 2018, connected the Defendant’s residence located in 102/1404, from the website (htp://www.co., Ltd.) to the Internet web lick site (htp.//www.m.) at the Defendant’s place of residence located in 102/1404, Jin-si, Yongsan-si, Seoul Special Metropolitan City, and displayed obscene images in the form of sexual intercourse with L on the adult bulletin board of the said website at a public level.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to data upon closure;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;

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;