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(영문) 서울중앙지방법원 2016.11.30 2016고정3191
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

On June 3, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity) at the Seoul Central District Court on September 5, 2016, and the said judgment became final and conclusive.

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

Nevertheless, around August 12, 2015, the Defendant distributed and openly displayed obscenity videos to many unspecified site members by connecting them to Adi, K, and L, which are affiliated with B’s website (www.megaftile.co.K) and “M on the public bulletin board after having access to the website at Changwon-si and Dobong-gu Seoul, Seoul. Around August 12, 2015.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of N police statement;

1. A report on internal investigation (attached screen by e.g., a e.g. file and a capse file);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and defendant's statutory statement;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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