beta
(영문) 서울서부지방법원 2016.03.18 2016고정126

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The sentence of sentence shall be suspended for the defendant.

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, around July 2015, the Defendant connected the Internet file sharing site “AC” and “D” to the smart file at the Internet file sharing site in the Eunpyeong-gu Seoul and 101 residential areas, and disseminated 15 obscene videos, as shown in the list of crimes in the attached Table, such as where the sexual organ and sexual activity of both men and women appear as the place of sexual intercourse, as the title “B” and “B” at one time, and where many unspecified members can be seen as downloadd.

Summary of Evidence

1. Statement by the defendant in court;

1. A report for counter-investigation;

1. Application of the Acts and subordinate statutes concerning outputs by capturing dynamic images;

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. for Criminal Facts and Selection of a fine for negligence;

1. Fine of 700,000 won which is suspended for a sentence; and

1. Articles 70(1) and 69(2) (one-day conversion: 100,000 won) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence)