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(영문) 서울중앙지방법원 2013.10.24 2013고정4637
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the person who uses Twitter B (EIB).

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, literature, sound, image, or picture via an information and communications network.

Nevertheless, at around 17:59 on March 14, 2013, at a place where a location is unknown, the Defendant up to 158 obscenity, along with a notice stating “B,” up to 17:59, posted a obscenity posted to 158 persons selling the Defendant (on a real-time basis, referring to posting materials, photographs, etc. of those subject to the Twitter), and openly displayed 25 obscene photographs from March 14, 2013 to April 17, 2013 via an information and communications network, as indicated in the attached list of crimes, by openly displaying 25 obscene photographs via an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to obscene materials photographs;

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

1. Articles 70 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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