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(영문) 대구지방법원 안동지원 2019.01.08 2018고정129

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall distribute information with obscene content in the form of distribution, sale, lease, or openly displayed in the form of code, text, sound, image, or picture through an information and communications network.

Nevertheless, around July 2, 2018, at permanent residence B around 19:29, the Defendant: (a) connected the obscene images of the title “E” to “C”, the file sharing site, and distributed them, respectively, by downloading the 10 obscene images, as described in the attached list of crimes, to enable an unspecified number of users to download.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Selection of Fines);

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: In full view of the circumstances leading up to the instant crime, the frequency of the crime, the degree of harm inflicted on the Defendant, etc., and the fact that the Defendant continued to commit a crime even though he/she received a request for a summary judgment after being discovered one time, the amount of fine prescribed in the initial summary order is deemed appropriate.

It is so decided as per Disposition.