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(영문) 서울북부지방법원 2016.04.05 2016고정440
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of 2.5 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 code, text, sound, image, or picture through an information and communications network.

1. On March 5, 2013, the Defendant subscribed to a membership “B” on a show file (htp:/www. yesftile.com/h) in the hydro-dong, Gangnam-gu, Seoul, and posted each obscene video of the items of “C”, “C”, “D”, “E”, “F”, “G”, and “H” on April 2, 2013, by accessing the said website’s adult bulletin board to “B.”

2. On March 27, 2013, the Defendant posted a obscene video of the title “J” after accessing a file (www.irirfil.co. co. kr) website to Adi “I” and “B” at the mutually unclaimed telecom in the Gangseo-gu Seoul, Gangnam-gu, Seoul.

3. On April 15, 2013, the Defendant sent a obscenity video of the title “L” after accessing a pop-up (www.pop.com) website to AdiK at a mutually unspop-up pop-up (www.pop.com) site located in the Gangseo-gu Seoul, Gangnam-gu, Seoul.

4. On June 28, 2013, the Defendant: (a) connected pop-up pop (www.pop.com) website to “N” pop-up pop-up (www.pop.com); and (b) posted N’s obscene video.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect examination of the police against theO;

1. A counter-investigation report;

1. Application of Part 6 of the Acts and subordinate statutes to the screen and obscenity-fluored materials by cutting down evidentiary materials, each screen image, and each screen image;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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