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(영문) 서울북부지방법원 2016.03.24 2016고정366

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

However, the Defendant used 100 points (points) in 1G (g) the same image, which is called “Mano,” by exposing the sexual organ of male and female on the pertinent website, so that many and unspecified persons can get a download, and received points as reserves.

From August 2015 to October 2015, the Defendant was engaged in business so that obscene videos, as shown in the attached crime list, exposed to the sex of male and female members and exposed to the sex of sexual intercourses within the scope of “C” in the instant disc (htp:/www/www.bonisk.com) that is the file sharing site within his/her own residential area, and “in the case of adults”, and “in the case of sexual intercourses in the Mexico bus,” the Defendant was engaged in business so that the obscene videos, as shown in the attached crime list, may be exposed to the sex of male and female members, which can be seen as having been exposed to the sex of sexual intercourses, can be received to an unspecified number of people.

Accordingly, the defendant openly displayed and disseminated obscenity videos in a way that makes it difficult to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic History Report - Confirmation of the business route of obscene water and video images and capturing data, the application of the laws and regulations of the territory of the criminal.

1. Article 74(1)2 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Articles 44-7(1)1 [Generally (see, e.g., Supreme Court Decision 2016Do139, Mar. 10, 2016); Selection of fines]

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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