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(영문) 인천지방법원 2013.06.28 2013고정1394
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

"2013 Highly 1394" defendant is a person who has entered a member by using an ID "www.totoosa.com, www.todisk.com" in the earth disc (www.tooosa.com).

No one may distribute or transmit obscene materials through an information and communications network.

Nevertheless, the defendant committed the following acts:

On October 2012, 2012, the Defendant posted obscenity “Creh.Wmv” on the earth disc IDB in which the Defendant used, and distributed and transmitted obscenity images to many unspecified people.

around 24:00 on August 23, 2012, the Defendant sent to the Defendant’s home of Gyeyang-gu Incheon Metropolitan City D apartment 103 Dong 504, an online web site (www.totototosa.com, www.tossk.com) and sent under title “E,” a child or juvenile, or a person or representations that can be perceived as a child or juvenile, appearing, and let an unspecified number of people connected to the above site view the video or download it.

Accordingly, the Defendant openly displayed child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. obscenity materials;

1. Application of the Act and subordinate statutes to investigation reports (obscenity, motion pictures, CDs and list attachment);

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 11572, Dec. 18, 201; hereinafter the same shall apply); Articles 74(1)1 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Order to complete a program under Article 334(1) of the Criminal Procedure Act.

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