logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2020.02.19 2019고단4066
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall distribute information with a content that distributes, sells, lends, or openly displays obscene images through an information and communications network.

Nevertheless, around January 13, 2019, the Defendant posted a obscene video of the title “F,” which read “F, after accessing the web site “D” by using the ID of “E” at the web site at the Bupyeong-si B apartment C’s residence, in which the sexual intercourse between men was taken.”

In addition, from around the above to June 7, 2019, the Defendant posted a total of 256 obscene video works as shown in the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant;

1. Application of detailed lists of electronic information, CD-related Acts and subordinate statutes for storage of obscene files;

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 (or selection of a fine, comprehensively)

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions of the instant case, including the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: A favorable circumstances such as posting a total of 256 obscene materials for about five months: The fact that the points that have been distributed and received obscene materials are used not to release in cash but to download the film or the drama file on the relevant site; the fact that no previous conviction has been made and the fact that his mistake has been pened and reflected in depth, etc.

arrow