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(영문) 부산지방법원 2021.02.04 2020고정1218
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

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.

Nevertheless, around March 1, 2020, the Defendant, at the Defendant’s house located in Busan District District, published 28 copies of video files, including one video file file in which both men and women reveal their sexual organ and sexual intercourse, using a p2P Internet file sharing program, at the Defendant’s house located in Busan District District, Busan District, and distributed them to the public for many and unspecified persons, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (Attachment of a report on analysis of the acts of spreading sirens on a tracking system, such as illegal photographing objects, etc.), and a report on internal investigation (Attachment of a list of crimes);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 74 (1) 2 and 44-7 (1) 1 of the same Act;

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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