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(영문) 서울동부지방법원 2015.01.16 2014고단253
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 14, 2012, the Defendant was given a summary order of KRW 1 million to the Seoul Southern District Court due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity).

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

Nevertheless, around December 9, 2013, at the Defendant’s house located in Songpa-gu Seoul Metropolitan Government, the Defendant opened an obscene video of the title “for 5 fakes,” in which adult male and female was exposed to the Defendant’s mother’s name, and sexual intercourse was exposed to the Defendant’s Internet C through a computer, and the Defendant’s mother was exposed to the Defendant’s sexual organ “E (E)” and was exposed to the Defendant’s sexual intercourse.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to obscene materials photographs up to C site;

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. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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