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(영문) 수원지방법원 안산지원 2013.04.17 2013고단245

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On July 30, 2012, around 22:23, the Defendant displayed a photograph of celebal E in the Defendant’s residence in an information and communications network using a stoptop program installed on the computer in Ansan-si, the Defendant used a 103 Dong 407 (D apartment), and displayed an obscene photograph of celebal E with an artist’s face to F, a obscene material-sharing site, and displayed it on the bulletin board, as seen above, in the Defendant’s residence from April 29 to September 5, 2012, as described in the attached list of crimes (1).

2. On July 14, 2012, around 19:42, the Defendant: (a) visited G, a file sharing site, using the said computer; (b) stored a video file in the said computer hard disc, which is a content of child or juvenile self-defense; and (c) possessed a total of five child or juvenile pornography as shown in the attached Table (2) from around that time to September 5, 2012, as to the above Defendant’s residence; and (d) possessed a child or juvenile pornography in total, as described in the attached Table (2).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each seizure protocol and each investigation reporting statute;

1. Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 11048, Sep. 15, 2011); Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Act”); Article 8(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11048, Sep. 15, 201);

2. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be more severe;