beta
(영문) 수원지방법원 성남지원 2018.04.06 2017고단3344

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 shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, from January 201 to March 2017, the Defendant, using a computer, visited the Internet site (www.Wedisk.co., Ltd.) B apartment house 607-dong 601, Sungnam-gu, Sungnam-si, to the “C”, and distributed obscene videos with obscene images with the content of sexual intercourse between men and women as “D” on the bulletin board at that place, as shown in the list of crimes in the attached Table, around that time, and around that time, distributed obscene videos with a total of 79 obscene videos as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (or evidentiary materials with obscene materials);

1. Application of the Acts and subordinate statutes requesting for provision of communications data;

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;