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(영문) 인천지방법원 2016.10.17 2016고정2642
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 information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture via an information and communications network.

1. From October 16, 2015 to October 26, 2015, the Defendant connected the Internet “B” under the name of the seller “C” to the Internet “B” place, and opened the images of which the face of the sexual relationship was taken under the title “C”.

2. From October 2015 to November 2015, the Defendant, by linking the seller of “E” on the Internet “www.ystile.com” at an infilite site, carried out the images of which the face of the sexual relationship of D was recorded as “F” as the title “F”.

The Defendant distributed obscene images twice as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. Copy of the statement made to D by the police;

1. Application of each reply document Acts and subordinate statutes;

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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