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(영문) 의정부지방법원 2015.04.13 2015고정99

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 800,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a member who was admitted to the Internet website disc (htp://vegaisk.com).

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, on July 2014, the Defendant sent 20 obscene sound, images, or videos by accessing the said site to “B” at his or her own residence, and distributing obscene sound, images, or videos by allowing members of the said site to download, as described in the attached list of crimes, by downloading 20 sexual intercourses or sexual intercourses on the adult bulletin board, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network and Protection of Information for Criminal Facts (Selection of Fine) applicable to the corresponding law and punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;