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(영문) 창원지방법원 마산지원 2013.04.30 2012고정1077
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has become a member of the Internet web site B as a DNA "C".

No one shall distribute, sell, lease, or openly exhibit obscene codes, phrases, sounds, images, or videos through an information and communications network.

Nevertheless, around September 2012, the Defendant distributed obscene video products by making it available to an unspecified number of people with obscene, animation and video images, which had no permanent domicile, “3D Doz 1 class” under the title of obscene,imation and video images, which had been connected to the above B site by accessing the said B site via a computer at the cross-disceptic, Guro-gu Seoul Metropolitan Government Guro-gu, so that female students who have been in uniform appeared.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

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 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 order of provisional payment include the fact that the defendant recognized the crime of this case and repented, the first crime and the crime of this case did not gain any specific benefits, and the modification of indictment to the crime of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc.

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