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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant is a person who joins the Internet file file file (www.ystile.com) and works as the “B” in the Internet file sharing site.
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 via an information and communications network.
1. On April 17, 2015, the Defendant openly displayed obscene images through an information and communications network to enable its members to download, by using a computer at the Defendant’s workplace in Gangdong-gu Seoul Metropolitan Government, and by accessing the said file site to the said file site.
2. On May 2, 2015, the Defendant posted a notice at a place at the preceding port, and in the same manner as in the preceding paragraph, “(s) of obscene video posts in the Republic of Korea” and openly displayed obscene images through an information and communications network so that members of the said website may download and receive them.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site reports (to attach copies of the screen data to the closure of obscene videos and videos);
1. Application of Acts and subordinate statutes to a report on investigation (with regard to temporary setting of crimes);
1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of a fine for negligence;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;