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(영문) 서울북부지방법원 2014.11.21 2014고정2605
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly display obscene codes, text, sound, image, or motion picture through an information and communications network.

Nevertheless, around July 30, 2014, the Defendant posted an obscene video file (capacity 1.0GB) on the Internet file file (www.zftilec.co.D) that is an information and communications network, using a computer installed at the Defendant’s home located in Gangnam-gu Seoul, Seoul, to a DNA (www.ztile) in the name of the Defendant, and on the bulletin board stating the gender of both men and women, “Seman has been released from home,” which contains the sex of the Defendant’s sex act, so that many unspecified members of the above site can receive the obscene video file (capacity 1.0GB).

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation intelligence;

1. Data on screen pictures to be cut down;

1. Application of the Acts and subordinate statutes on replies;

1. 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. concerning criminal facts and the selection of fines for negligence;

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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