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(영문) 수원지방법원 성남지원 2013.10.14 2013고정1560

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who has become a member of the Internet file sharing website (http:/todisk.com) and uses AdB.

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

Nevertheless, around March 2013, the Defendant, at the Defendant’s house of Seongbuk-si, Sungnam-si, 101 Dong 803 (D Building), connected to “AdiB” on the said website, and openly displayed obscene images so that many and unspecified people can download, by exposing the sexual organs of women and men to “Seyang-Man-Man-Man-Man-Man-Man-Man-Man-Man Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man (D)”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to capture data by obscenity video images;

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 facts constituting a crime: Selection of a fine;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (i.e., the degree and content of the offense, the circumstances after the offense, the primary offense, and the fact that the depth of error is divided);

(a) Punishment suspended: 1,000,000 won; and

(b) Detention in a workhouse (50,000 won per day): Articles 70 and 69 (2) of the Criminal Act;