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(영문) 수원지방법원 2015.10.15 2015고정1661
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

[2015 High Court Decision 1661]

1. On September 2014, the Defendant displayed, using a computer, obscene video of the title “C” in which both men and women engage in sexual intercourse on the Internet file sharing website (htp://vegais.com) on the Internet file sharing website (htp). On September 2014, the Defendant displayed an obscene video of “C” in which many and unspecified individuals are allowed to download the said obscene video by means of a so-called scam, which is a file sharing method connected to the Internet and stored in an individual’s personal computer, and distributed or openly displayed it through an information and communications network.

[2015 High Court 1831]

2. At around 20:00 on July 31, 2014, the Defendant openly posted and displayed obscenity images with the content of sexual intercourse on the bulletin board of the Mttp (htp://www. 2disk.com) using a computer at the places described in paragraph (1) via a computer, and displayed them twice through a public display on the bulletin board of the Mtp (htp:/www.2disk.com).

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. - On the screen of a closure (the fact of No. 2 on the screen);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Relevant 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 each fine for 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;

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