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(영문) 대구지방법원 2017.04.14 2017고정471

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

On January 5, 2017, at the address of Daegu-gu B, 102 Dong 1002 and 1002, the Defendant’s “ smart file” operated by (ju) smart dust” means the general male and female photographs and video images connected to the sharing site (A:C) and marked with (A) Belgium.

‘The video posts containing the sex and sex acts of male and female members of ‘' so that many and unspecified smart files members can download.

Summary of Evidence

1. Statement by the defendant in court;

1. 켭쳐 화면

1. Application of Acts and subordinate statutes to internal investigation reports (mainly accompanied by documents submitted by smart dust);

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;