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(영문) 인천지방법원 2015.09.17 2015고정2495
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who uses “AdiB” and “C” within the Internet web Habdgisk.com.

No one shall distribute, sell, lease, or openly display any obscene code, language, sound, image, or picture via an information and communications network.

Nevertheless, on May 2015, the Defendant, by accessing the above web website within Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and downloading obscene images to “E” on the bulletin board of “19 gold adults, etc.” up to the scope of video, such as the video recorded in the attached Table “crime List”, including the above video.

As a result, the Defendant spreads obscene videos by allowing many unspecified people to download obscene videos.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (verification of persons who contain diskss or obscene materials);

1. Application of Acts and subordinate statutes to obscenity 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact that the defendant recognized the crime of this case, the defendant is the primary offender, and the defendant's age, character and conduct, environment and circumstances after the crime are determined as ordered in consideration of all the conditions of sentencing.

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