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(영문) 광주지방법원 2020.11.18 2020고단3644
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 display obscene codes, letters, sound, images, or motion pictures to the public.

Nevertheless, on June 11, 2020, the Defendant posted a photograph of the victim G (the age of 23) who is a nurse (the age of 23) to treat patients in a sick room under the title of “F” while being hospitalized in a hospital located in Seo-gu in Gwangju, Seo-gu, Gwangju, the Defendant, on June 11, 2020, posted a summary of “Iskh and dial-a-a-a-a-mail” on the following day if you want to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to d

Accordingly, the Defendant openly displayed obscene language through the information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A detailed statement on handling 112 reported cases;

1. 112 reporter's photograph;

1. Application of Acts and subordinate statutes to report internal investigation (112 reporter telephone communications);

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 facts constituting an offense;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is not prepared by the victim, there are unfavorable circumstances that the victim's work experience is known by a partial change of enjoying parts, or that the defendant is against the defendant, the frequency of posting was limited to one time, and it seems that the victim was deleted immediately after the notice was posted, and only the victim's rear habitss appear to be hard to understand the specific person, and there is no record of criminal punishment, and all other factors such as the circumstance and process leading to the crime of this case, the defendant's age, character and conduct, environment, etc., shall be determined as stated in the order.

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