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(영문) 광주지방법원 2019.02.20 2018고단4842
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On July 23, 2018, Defendant 2: (a) posted obscenity videos with 3,595 obscene videos from April 2018 to August 27, 2018, as seen above, by using the title “F (F)” using “E” to “D”, which is an Internet web site; and (b) posted obscenity videos with sexual gender exposed to sexual organ and engaging in sexual conduct; and (c) distributed 3,595 obscene videos in the aforementioned manner.

2. On August 27, 2018, at the same place as the Defendant, at the Internet web site (H), posted obscenity videos using the title “I” as “I,” and distributed obscenity videos with sexual gender exposed to a sexual organ and sexually sexual intercourse from June 1, 2018 to August 27, 2018 by the said method.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on notices, list of posted materials, and list of posted 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. 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing in favor of the defendant under Article 334(1) of the Provisional Payment Order - The fact that the defendant acknowledges his mistake, appears to be a living crime, the defendant has no record of punishment for the same kind of crime, the deletion of all posted obscene materials, which is disadvantageous: The defendant was sentenced to imprisonment for a period of one year and eight months on August 2016, and completed the execution of the sentence on October 2017, and the defendant committed the crime in this case as long as he did not reach this end.

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