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(영문) 대구지방법원 2019.06.27 2019고정8
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

No person of "2019No one shall distribute obscene images through an information and communications network".

Nevertheless, at around 17:18, May 31, 2014, the Defendant distributed obscene videos to many and unspecified persons in a way that both men and women exposed to the sexual organ of the title “E” to the registrant(s) at the web site B of the file sharing website P2P web site C, as the sexual organ of the head where sexual intercourse is sex.

The Defendant of 2019 is a person who uses the “G” at the Internet site F.

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

On August 4, 2014, around 22:37, the Defendant: (a) connected the said site’s clinic No. B to “H”; and (b) posted public images of obscene sexual conduct to “I” under the title “I”; and (c) disseminated and displayed them so that an unspecified number of members, who access the F website, can be downloaded.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes on internal investigation reports (the attachment of data by cutting down the web flodyp business screen images and attaching the relevant notices);

1. Relevant Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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