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(영문) 서울북부지방법원 2016.12.22 2016고정779
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall distribute or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, around March 26, 2015, the Defendant, by accessing the file reading site (www.ftiledok.com) at a remote space located in the Changwon-si, Changwon-si, the Defendant distributed the above obscene videos by allowing many unspecified site members to download, as shown in the list of crimes, and distributed the obscene videos in a openly displayed manner. The Defendant distributed the said obscene videos by openly displaying them to the public.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the photographic Acts and subordinate statutes by cutting down the screen of the file reading website;

1. Relevant 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., and Selection of each fine for a crime;

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

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

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