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(영문) 의정부지방법원 2013.06.12 2013고정679
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The sentence of sentence shall be suspended for the defendant.

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.

At around 12:58 on March 26, 2012, the Defendant connected the Internet file sharing website “C” (www.fil.co.k.) provided by C&C media at the Defendant’s residence located in the two weeks, and displayed, openly, and distributed to many and unspecified persons, obscene images contrary to the ordinary people’s normal sense of sexual shame and good sexual morality, such as the part of the sex organs of both men and women, the face of sexual intercourse, and the part of the sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Evidential Materials);

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 criminal facts and the selection of fines for negligence;

1. A fine of 700,000 won to be suspended;

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

1. It is so decided as per Disposition on the grounds that Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant is the first offender, the crime is committed, the crime is committed, the crime is committed, the recidivism is not committed, the degree and contents of the crime are not committed, the circumstances after the crime, the age and character and conduct of the defendant are considered) is higher than that of the Criminal Code.

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