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(영문) 서울중앙지방법원 2017.04.28 2017고단1560
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

From August 2013 to October 2013, the Defendant, at the Defendant’s home located in Songpa-gu Seoul Metropolitan Government building 302, connected to “D” site via a computer to “F” created in the name of the Defendant’s seat to “D,” and provided that, for the purpose of obtaining cyber money points necessary to collect film or data from the said site, the Defendant opened obscene videos with obscene images exposed to the gender of a woman in the item of “G,” and allowed many and unspecified persons to download.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the police against the defendant and a list of offenses attached thereto;

1. Application of Acts and subordinate statutes to screen pictures by capturing internal investigation reports (D, obscenity business Round data, monitoring) and obscene materials attached thereto;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc., the selection of fines, including the relevant legal provisions and punishment, for the crime (including the motive and circumstances of the crime, the frequency thereof, the records of the crime, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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