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(영문) 서울동부지방법원 2016.05.11 2016고단284
명예훼손등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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, text, sound, image, or picture via an information and communications network.

피고인은 2015. 9. 1. 경 불상지에서, 인터넷 소 셜 네트 워킹서비스인 트위터에 자신 명의 아이디 ‘D’ 로 접속한 다음, 닉네임 ’E‘ 을 사용하여 “F에요 ㅎㅎ 영상 10개 사진 20개 문 상 3만! 구매해 주신 분들은 저랑 연락하면서 만나서 놀기도 해요 ㅎ 톡 하면서 구매 문의 말고 다른 말하면 차단이에요!

GH prepared a letter stating “I” and posted obscene videos with obscene images exposed to sexual organ and self-defluence, thereby distributing information with the content of openly displaying obscene images and videos through an information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to I;

1. A petition prepared by the I;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on screen pictures, etc. (the photographs posted by the defendant on a twitter), photographs sent by the defendant, and the closure of the video;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information on Criminal Facts (a point of distribution of obscene materials) concerning the relevant criminal facts;

1. The Defendant’s act of openly displaying obscene images and videos with intent to sell obscene materials in order to raise money is subject to criticism.

However, the defendant is a university student who was born in 191 and is only 24 years old, has no record of punishment, and later, his mistake is divided in depth, etc., the decision of fine is made by taking into account all the conditions of punishment. 1. Articles 70(1) and 69(2) of the Criminal Act, which are the detention of a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant charged with defamation on September 1, 2015.

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