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(영문) 대구지방법원 포항지원 2018.02.21 2017고단1397
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who uses a DNA “B” or “C” on the Internet website “B” (www.ggtile.com) through the Internet web site sharing method.

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, text, sound, image, or picture via an information and communications network.

Nevertheless,

1. On September 8, 2017, the Defendant: (a) connected an Internet “Ad'B” file (www.B.com) at the 103-dong 3404, north-gu, North-gu, North Korea, to the Internet “Ad'B; and (b) entered the GHAT-116 meta,” and distributed it to many unspecified members of that website [the three-dimensional video consisting of a place in which both men and women engage in sexual conduct that gets off and fit for a sexual organ, and the head of which is a place in which they are carrying out a sexual act that they are fit for a sexual organ] of obscene file (GHT-16.mp4).

2. On September 8, 2017, the Defendant: (a) connected the Internet “Big file” (www.bgrae.com) to “Adi” at the place of residence 103 Do-dong, Northern-gu, 3404; (b) became the first woman at which the market price of the stories in the first place was in the middle place.

E) Title “E” [Saly Mano-ho video, the main text of which is the sexual conduct in which both men and women are engaged in a sexual act in a scarcity off and in a scarcityd with a sexual flag] file of obscene materials (the market price of the stories in the U.S. S. is .Avi) and distributed it to many and unspecified members of the same site.

Summary of Evidence

1. Statement by the defendant in court;

1. A counter-investigation report;

1. Application of the Acts and subordinate statutes requesting computer inquiries and provision of communications data;

1. Relevant Article of the Act on Promotion of Use of Information and Communications Network and Protection, etc. of Information and Communications Network, and Selection of fines for a crime (including facts constituting a crime of the same kind and the amount of fines sentenced under Article 74 (1) 2 or 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network and Protection, etc., concerning the option of criminal facts and the amount of fines sentenced under Article 74-7 (2) of the same Act);

1. The aggravated Criminal Act for concurrent crimes.

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