정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On July 2016, the Defendant: (a) up to July 2016, C Apartment 214 and 2012, the Defendant, a Defendant’s residence located in Mineyang-si B, had access to the Internet file-sharing website (www.tdisk.co. kr) using AD’s “E” file, “G” file, and other sex-related files (G No. H) files, and allowed many and unspecified members to download.
Accordingly, the Defendant distributed or openly displayed obscene images or videos.
Summary of Evidence
1. Statement by the defendant in court;
1. Data to capture each obscenity video;
1. Application of Acts and subordinate statutes concerning the report of investigation;
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is advantageous to the fact that the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act does not have many video images posted by the accused and does not have much economic benefits.
However, in light of the contents, motive of posting, criminal records of the defendant, etc. of the video posted by the defendant, the punishment shall be determined as per the order (the fine in the summary order is deemed appropriate).