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(영문) 인천지방법원 부천지원 2013.07.12 2013고정1055

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

1. Nevertheless, on June 7, 2010, the Defendant openly displayed a copy of the same photograph of the same content, such as posting obscene pictures containing sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually.

2. On November 4, 2010, the Defendant posted a picture showing the gender of a woman under the title of “National Bank Ship” in the Kafa Domestic Pafaba in the Defendant’s residence located in Gwanak-gu, Seoul Special Metropolitan City, by posting 37 photographs showing the gender of a woman until April 1, 2013, and openly displayed obscene images via an information and communications network by providing it to many and unspecified persons visiting the said website by posting 37 photographs showing the gender of a woman.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to data for closure and report internal investigation (Evidence data);

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. and Selection of fines concerning facts constituting an offense;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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