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(영문) 서울중앙지방법원 2014.08.27 2014고단4640
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In December 2010, the Defendant created ADB “B” on the web website (www.Wedisk.co.kr) by using his/her resident registration number, etc. A. No one may distribute, sell, lease, or openly display obscene codes, words, sound, images, or videos through an information and communications network. Nevertheless, the Defendant, at the end of December 2012, connected to the website “H disc” by using computers installed in his/her original room located in Gangseo-gu Seoul Metropolitan Government, and posted obscene images on the bulletin board of the above website’s adult data, such as “the south of the Daomomom Syombomb S. Syebom’s quantity,” which was exposed to the sex flag and conspiracy of both men and women, and sexual intercourse and sexual relation.

Accordingly, the obscenity was disseminated by allowing unspecified members who joined the above site to download it.

Summary of Evidence

1. Defendant's legal statement;

1. Data to capture the upper disc images;

1. The application of the Acts and subordinate statutes to reply data (deficul disks and age assessment information);

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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

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