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(영문) 대구지방법원 김천지원 2014.07.18 2014고정399

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 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 through an information and communications network.

Nevertheless, at around 23:10 on August 15, 2012, the Defendant attached a photograph of the body of D (n, 26 years old) in a obscenity relationship with the Defendant under the title of 'Isle, real-time, and real-time (n, 26 years old)' using a computer at the Defendant's residence located in the Gu-Si Bud 302, which is a obscenity Budio 302.

From around that time to January 22, 2013, 200 to January 22, 2013, 27 photographs of the above D's body and the sexual intercourses between the Defendant and D were attached or posted in a total of 16 times, such as in the attached list of crimes.

Accordingly, the Defendant openly displayed obscene language, images, etc. through the information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Each internal report (with respect to attaching materials, such as evidence and photographs, and attaching local photographs);

1. Each investigation report (with respect to the confirmation of the fact of distributing photographs of the victim, attaching photographs of the suspect A, attaching photographs of the suspect A, attaching photographs of the seized articles, attaching photographs of the storage of merge cards of the seized articles, attaching photographs of the seized articles, and attaching photographs of the seized articles);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. and Selection of fines concerning facts constituting an offense;

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 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;