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(영문) 수원지방법원 안산지원 2014.05.16 2014고정596
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

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, on February 2, 2013, the Defendant posted three obscene video images posted at one’s own house of Suwon-si B Apartment 116, 1403, which are obscene on the Internet website of “htpp:/www.maxisk.co. Ltd.”, which is called “C” on the file-sharing website of “C”, such as “Saves”, “Isn proper wind for women”, “Isnves,” “Isnves,” “Isnves,” and “Isnves,” and “Isnves, Isnives,” which are recorded on the same website, and distributed obscene images to the Internet website by means of sales points, which are the information and communications network, so that other members who have access to the said website can pay the service charges and receive the downloaded videos by paying the service charges.

Summary of Evidence

1. Defendant's legal statement;

1. Ratification;

1. Application of CD-related Acts and subordinate statutes

1. Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning facts constituting an offense;

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

1. The crime of this case for sentencing reasons under Article 334(1) of the Criminal Procedure Act is a case where the defendant distributed obscene materials using information and communications networks, and the above act of the defendant is committed in favor of the defendant, such as damaging the environment where he can use the information and communications network in a sound and safe manner. The defendant recognized the crime of this case and reflects his mistake in depth, and the defendant reflects his favorable circumstances such as having no penal power, and all of the sentencing conditions in the trial of this case shall be determined as ordered

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