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(영문) 서울중앙지방법원 2014.01.27 2013고정6544

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On July 2013, the Defendant, at the Defendant’s house located in Seongbuk-gu Seoul Metropolitan Government, connected the Internetnetpool by using a computer, and opened obscene videos containing obscene sexual conduct between adults and male women on its bulletin board, so that many and unspecified people can download it.

Accordingly, the Defendant distributed or displayed obscene videos to the public through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning data upon closure of video works;

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. Punishment to suspend the sentence: Fine of 700,000 won;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (50,000 won per day);

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (i.e., the fact that the defendant is a student who is the first offender and is against the defendant);