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(영문) 인천지방법원 2015.10.16 2015고정2376
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 obscene contents in the form of code, text, sound, image, or motion picture distributed, sold, rented, or displayed openly through an information and communications network.

Nevertheless, on October 2012, the Defendant posted an obscene video file on which sexual intercourses between men and women have been recorded by using “D” and “C” as the title of “W” in the file file file file (www.ftil andcom) around October 2012, the Defendant posted an obscene video file on which sexual intercourses between men and women have been recorded.

Accordingly, the Defendant spreads obscene images through information and communication network.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to the closure data;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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