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(영문) 의정부지방법원 2019.09.20 2019고단3316
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall distribute information with an obscene content distributed, leased, or displayed openly in the form of code, language, sound, image, or picture through an information and communications network.

Nevertheless, the Defendant visited B’s site on January 1, 2019, posted obscene images exposed to the gender of both men and women and released from sexual intercourses as the title “C,” and posted the obscene images with sexual intercourses. On January 17, 2019, the Defendant visited the sex of both men and women to “D” and posted obscene images with sexual intercourses.

The Defendant distributed obscene images via an information and communications network two times as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the list and documentary evidence of each obscenity business list, eachF connection and exchange details;

1. Relevant 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., and Selection of each fine for a crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good for the defendant to distribute obscene materials through an information and communications network, but the confession and reflects of the crime in this case, the number of distributed obscene materials is written and the number of distributed obscene materials is written, and there is no previous difference. The defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, the means and consequence of the crime, and all of the sentencing factors shown in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.

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