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(영문) 서울서부지방법원 2015.04.17 2014고정2266

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture through an information and communications network.

Nevertheless, the Defendant was at the lower court on August 2012, 2012, in the same year.

9. The Defendant’s video files connected to the Defendant’s computer and sent obscene images to many unspecified persons by posting a video file, which had been exposed to the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the title “Saemosa.com” (www.toros.com) of the file sharing website “Adi”, which is a file-sharing website (www.torosa.com).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to data capturing obscenity;

1. Relevant Article of the relevant Act and Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of fines concerning criminal facts;

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

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