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(영문) 수원지방법원 안양지원 2013.10.17 2013고정968
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

No one shall distribute or openly exhibit obscene images or videos through an information and communications network.

On October 2012, the Defendant had access to the main disc (htp:/bonisk.com) in the Defendant’s name, which is an Internet-sharing site, by using a computer installed at the Defendant’s residence on the second floor of the building C in the Gyeonggi-gu 2012, and had access to “D” as “(AVS-MM)” under the title “E.Avi”, posted and distributed obscene images of which both men and women exposed to sexual organ and have sexual intercourse performed.

In addition, the Defendant posted and distributed such obscene images more than 735 times in total at the same place from around that time to December 2012.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of each internal investigation report (including the attached part), each communication data meeting statute;

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 facts constituting a crime;

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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