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(영문) 서울서부지방법원 2015.08.11 2015고정861

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is a member of the Internet web site file (htp:/www.w.fil joint and several) under his/her name (htp:/www.com) and uses it.

On May 8, 2014, the Defendant, at the office of Yongsan-gu Seoul Metropolitan Government, where he resides, opened a obscenity video with obscene images, which had been displayed by the complainants’ sexual organ exposed to the above file site under the title “F”, and made it possible for many and unspecified people using this site to view them.

Accordingly, the Defendant distributed obscene materials using information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning G;

1. A complaint;

1. Application of the relevant video CD-related statute;

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 criminal facts and the selection of fines for negligence;

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;