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(영문) 대구지방법원 2018.11.29 2018고단217
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

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, the Defendant, at the Defendant’s residence located in Sinsan City, from early November 2016 to November 28, 2016, connected the Internet file sharing site to “D” in his/her name on the bulletin board of the adult data room of C, which is an Internet file sharing site, posted 14 obscene video images, in which the sex-related pages between men and women have been recorded, as shown in the list of crimes in the attached list of crimes, including video files, and posted 14 video images, in which the sex-related pages between men and women have been recorded.

Accordingly, the Defendant distributed or openly displayed obscene images through information and communications networks.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of this Act to the closure of obscenitys evidential materials;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;

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

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