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(영문) 서울중앙지방법원 2017.04.14 2016고단5309
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

From February 25, 2015 of the facts constituting the crime committed by the Defendant, the imprisonment with prison labor for each crime from February 25, 2015 and the fine of KRW 50,000.

Reasons

Punishment of the crime

In the Daegu District Court Decision 2014No. 4979 Decided February 13, 2015, the Defendant was sentenced to imprisonment for six months and two years of suspension of execution for a violation of the Copyright Act, the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (obscenity distribution), and such judgment became final and conclusive on February 24, 2015.

No person of "2016 Highest 5,309" shall distribute, sell, lease, or openly exhibit obscene codes, text, sound, images, or motion pictures through an information and communications network.

On April 6, 2016, the Defendant posted a total of 40 obscene videos, including obscene videos, in which both men and women engage in sexual intercourse, to the Internet web site “D” under the title of “D,” at the Maju-si, Chungcheongnam-si, Chungcheongnam-si, etc., and posted a total of 40 obscene videos, including obscene videos, so that many and unspecified persons with access to the said site can be seen. From that time to May 25, 2016, the Defendant posted and distributed obscene videos to the Internet web site C, E, and F, as described in the list of crimes, and displayed openly so that many and unspecified persons with access to the said site can be seen.

On April 18, 2016, the Defendant, “2016 Highest 7320, the Defendant,” on April 18, 2016, sent a video work, a copyright of which the victim (state) was stored in G, an Internet web lower site, to allow an unspecified number of users to download the said work.

Accordingly, the Defendant infringed on the author’s property right by reproducing and transmitting copyrighted works to the public.

"2016 Highest 7415"

1. On February 2014, the Defendant in violation of the Copyright Act connects the victim’s “I” to the clinic of “I” at the PC near the new Sinju University, Shin-dong University, and opens a video file of “Cloud Acs”, which owns a property right, such as the right to distribute Blulus land price, to the victim’s corporation.

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