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(영문) 서울남부지방법원 2019.06.14 2019고단1457

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

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, words, sound, image, or motion picture through an information and communications network.

On August 16, 2018, at around 16:22, 2018, the Defendant distributed obscene materials in a way that both men and women reveal their sexual organ and downloads sexually sexually related obscene videos so that they can get points points by using a DNA “D” at the Internet site C at the Internet site located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, as well as distributing obscene materials in a way that they can receive obscene videos from an unspecified number of people, as shown in the attached list of crimes, from January 1, 2018 to August 29, 2018.

Accordingly, the Defendant distributed, sold, and displayed obscene materials openly through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. A fireproof report (a obscenity storage of obscenity images and a closure of the image screen);

1. Requests for the provision of communications data;

1. Application of Acts and subordinate statutes to a reply to a warrant of search, seizure and verification;

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., concerning facts constituting a crime;

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

1. Articles 70 (1) 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;