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(영문) 수원지방법원 성남지원 2019.01.31 2018고정1245

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network, or distribute information with the same content as such.

1. On June 22, 2018, at around 08:22, the Defendant, at the residence of the Defendant located in the Gyeonggi-si building B, connected the Internet file sharing site “D” to the registrant’s “E”, and displayed in a public manner obscenity video, from which the body’s body’s sexual intercourses between men and women on the bulletin board and the F’s sexual intercourses, as a type of obscenity video, from which the body’s sexual intercourses between men and women on the website and the F’s sexual intercourses.

2. On June 28, 2018, at around 14:11, the Defendant visited “E” to “G”, which is an Internet file sharing site, and then openly displayed obscenity videos in 20 obscenity as shown in the attached list of crimes, where the Defendant’s sexual intercourse between men and women, as a title “H”, as well as where obscenity videos in 20 obscenity as indicated in the attached list of crimes, are opened to the public so that many and unspecified website members can download.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Response data and detailed information inquiry upon a request for the provision of communications data;

1. Application of Acts and subordinate statutes to closure data on a obscenity screen;

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