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(영문) 부산지방법원 2014.04.10 2013고정6373
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

On August 2013, the Defendant, within the Defendant’s house located in Daegu Dong-gu Building B (2nd floor), accessed the Internet website file (htp:/www.www.com) and then downloaded the video files to “C” as “Oksn-170 D Gags Dogs Dogs Dogs” No. 2180874, which had been exposed to sexual gender and engaged in obscene sexual acts, thereby distributing them in a way that many unspecified persons, who joined the file website, as members, download the obscene video files to download them.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the closure of a file screen;

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. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (amount converted per day: 50,000 won);

1. Article 59 (1) of the Criminal Act (i.e., the first offender, the fact that the crime is divided and reflected, the frequency of crimes, etc.);

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