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(영문) 서울남부지방법원 2017.04.12 2016고정2805

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, around July 2016, the Defendant spreaded nine obscene videos to enable many unspecified members to download, for example, the title of “E”, “A” by linking the Internet file (Sarte.co. kr) with Adi, D D, “E,” which is the Internet file sharing site in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, for example, the sexual flag of men and women and the face of sexual conduct.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (specific person A under suspicion);

1. Application of the Acts and subordinate statutes concerning the list of obscenity video screen businesses and the closure of screen pictures;

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 Article of the Act and Articles 74 (1) 2 and 44-7 (1) 1 of the same Act;

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;