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(영문) 서울중앙지방법원 2017.06.14 2017고정836
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, around 00:03 on November 17, 2016, the Defendant distributed obscene videos via an information and communications network by accessing a computer to a disk (htp:/onisk.co., Ltd.) (htp) (htp) that is a file sharing site between its members using a computer in the Defendant’s residence located in Jongno-gu Seoul Metropolitan Government building 202, and allowing its members to download and peruse them.

In addition, from around that time to November 19, 2016, the Defendant distributed obscene videos via an information and communications network respectively by putting them up for 10 times a total of 10 times, as described in the attached list of crimes, as shown in the attached list of crimes, and allowing members who have access to the above website to download and peruse them.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to report internal investigation (the screen to be seen in advance as obscenity in the suspected obscenity business), internal investigation report (the hard disc answer data), and internal investigation report (the suspect business 10 obscenity and the data to be cut);

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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