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(영문) 서울남부지방법원 2013.04.09 2013고정195

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture via an information and communications network.

Nevertheless, around 18:15 on June 17, 2012, the Defendant connected the Internet file sharing site “D” to the Internet file sharing site (hereinafter “D”) provided by AelS Communications in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. The Defendant displayed, on the bulletin board of “sex” category, obscene images against ordinary people’s normal sense of sexual humiliation and good sexual morality, such as where a woman is placed into the sex organ of a man, and distributed them to many and unspecified persons.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Investigation report (specific suspect);

1. Response data (investigative Records No. 13 pages);

1. Application of Acts and subordinate statutes to the output data of obscene motion pictures;

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 criminal facts and the selection of fines for negligence;

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;