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(영문) 제주지방법원 2013.04.09 2013고정207 (1)
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by a fine of 2,50,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A around August 1, 2012, Defendant A, at the Defendant’s home located in Chungcheong City, connected to “tototonbrodo,” a web site, and distributed obscene images through an information and communications network by posting one thousand and eight24 obscene files on the said website from September 12, 2012, by allowing an unspecified number of unspecified people to download, from the time when he/she up to September 12, 2012, posted the videos containing the sexual behavior of both men and women who have been exposed to sexual origin, as the title “D’s practical ability to do so.”

2. At around May 22, 2012, Defendant B put a title “G” on the website map of “B” in the Internet Gacs (F)’s “dial-a-a-commercial & commercial-a-commercial video”, which was opened by the Defendant, and openly displayed 20 obscene files by posting 20 obscene files on the website map until August 27, 2012, from the time on which anyone connects a foreign obscene material site (H) so that anyone may have a large number of unspecified people access.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to seizure records, each investigation report (A hard disc data, and report on confirmation of contents of images);

1. Relevant Article and the choice of punishment for a crime: Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Confiscation (Defendant A): Article 48 (1) 1 of the Criminal Act;

1. Provisional Payment Order: A statutory penalty for the instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act (a imprisonment with prison labor for not more than one year or a fine not exceeding ten million won) and the following circumstances shall be considered.

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