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(영문) 부산지방법원 2017.05.25 2016고정4057
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No person shall distribute or openly exhibit obscene images or videos through an information and communications network.

Nevertheless, on August 2016, the Defendant, at the Defendant’s residence located in Busan Seo-gu, Busan, displayed obscenity images with obscenity with the Internet file sharing site “D”, “F”, and “G” using the Internet file sharing site “D”, “E” and openly displayed obscenity videos, the gender of which is sexually related, in order for many and unspecified members to download.

Summary of Evidence

1. Statement by the defendant in court;

1. Data to capture obscenity video images;

1. The application of statutes to reply to a request for cooperation in investigation (13 pages of investigation records);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 74 (1) 2 and 44-7 (1) 1 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant posted one’s recommended obscene material for sentencing under Article 334(1) of the Criminal Procedure Act, and takes the attitude of recognizing and reflecting the Defendant’s criminal act, the Defendant was suspended of indictment for the same kind of crime in around 2014, but the Defendant was not subject to criminal punishment, considering the fact that there was no record of criminal punishment, etc., the sentence is determined as per the order.

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