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(영문) 의정부지방법원 고양지원 2019.03.28 2019고정114

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On June 6, 2017, the Defendant, at the Defendant’s house located in Yongsan-gu, Youngdong-gu, Sinsan-si, Sinsan-si, had access to “C” on the Internet site to “D”, “E”, and distributed obscene images via an information and communications network by posting a screen image of “G” in which the sexual intercourse between the victim F husband and wife was recorded.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the c. 1 set of Acts and subordinate statutes

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 (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;