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(영문) 창원지방법원 마산지원 2013.05.07 2012고정1038

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been employed as an unemployed person or as a member of an IDB in the earth disc.

No one shall distribute, lease, or openly display obscene codes, phrases, sounds, images, or motion pictures through an information and communications network.

Nevertheless, on September 2012, the Defendant distributed and displayed obscenity videos by putting them on the earth disc IDB using the “top disc IDB” in which the Defendant was using so that an unspecified number of people can download.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning investigative intelligence reports and materials for the dissemination of obscene materials;

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. concerning criminal facts, the selection of fines (i.e., confession and reflectivity, and the primary charge);

1. Articles 70 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;