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(영문) 서울서부지방법원 2013.09.06 2013고정985

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has become a member of the IDB on the earth disc.

No one shall distribute or exhibit obscene video works through an information and communications network.

Nevertheless, around September 2012, the Defendant distributed and displayed obscene motion pictures to many unspecified people by accessing the Mayn.avi to one’s own said ID and posting it on the earth disc site.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes concerning obscene materials distribution;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;