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(영문) 의정부지방법원 고양지원 2019.05.24 2019고단234
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network.

Nevertheless, around March 3, 2018, the Defendant up-to-dated a obscenity video, which was conducted by a female by using a web d'E on the website D adult bulletin board within the Goyang-dong website B building C, Goyang-gu, Yongsan-gu, Goyang-si, and then posted it through an information and communications network in a manner that allows its members with access to the said website to download with a sexual organ.

In addition, from January 15, 2018 to March 6, 2018, the Defendant displayed obscene videos up to 230 times in total, as indicated in the attached list of crimes, to the adult bulletin board of the above site openly.

Summary of Evidence

1. Defendant's legal statement;

1. Details of business of obscene videos;

1. obscenity and motion picture display photographs;

1. Application of CD-related Acts and subordinate statutes, such as obscene materials;

1. Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 44-7 (1) 1 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the defendant's wrong recognition of the sentencing, and the primary offender is the number and period of the crime, the age, character and conduct, environment, family relationship, motive of the crime, means and result of the crime, etc. of the defendant, taking into account all the factors of sentencing specified in the arguments in the instant case, such as the circumstance after the crime, etc.

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