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(영문) 서울남부지방법원 2019.05.17 2019고단63

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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

No one shall distribute, sell, lease, or openly display obscene codes, phrases, sounds, images, or motion pictures through an information and communications network.

On March 2018, the Defendant, using “D”, which is a P2P program installed in a computer in the Gangseo-gu Seoul Metropolitan Government building B and the residence located in “C,” the Defendant downloaded the files of “E” and the video files necessary for sharing the aforementioned video files via D, which contain a long-term page in which women in unsound are seeing a base from a toilet.

On August 8, 2018, at around 10:45, the Defendant distributed obscene materials through an information and communications network by accessing D with a computer to store the video files and the above “E” in a D-based database and allowing an unspecified number of people using D to download the video files.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each report on internal investigation:

1. Application of this Act to each closure of a course;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (3) and (1) of the Criminal Code for Destruction (Seizure of Electronic Information);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;