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(영문) 수원지방법원 2013.11.21 2013고정2821 (1)

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who has become a member of the Internet web site B in his or her own name C name (AD, D, D, and D) and uses it.

On April 2013, the Defendant, at his own house located in the Geum-gu Busan Metropolitan Government F, distributed obscene videos to many and unspecified persons who have access to this site by advertising obscene videos with all sex organs of both men and women disclosed from the title of “G.Wmv”, “10mmene” [12712 -01), “G.Wmv”, and “spawmv”.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal report, investigation intelligence report, report on the arrival of internal investigation and information on the insured;

1. Application of Acts and subordinate statutes by cutting down obscenity video images;

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. Penalty fine of 500,000 won to be suspended;

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

1. It is so decided as per Disposition on the grounds of Article 59(1) of the Criminal Act (the first offense committed by the defendant is divided and reflected in depth, the defendant does not repeat the crime, the degree and contents of the crime, the circumstances after the crime, the age and character and conduct of the defendant, etc.) or more of the suspended sentence.