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(영문) 수원지방법원안산지원 2020.12.23 2020고단3064
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 28, 2020, at the Defendant’s residence located in Ansan-si Group B and C, the Defendant opened a photo file created by combining female artist’s body with the face of female artist over 18 times in total, as shown in the attached list of crimes, on “D, a mobile phone pay reading channel opened by the Defendant using a mobile phone at the Defendant’s residence,” and distributed obscene images via an information and communications network by informing users who sent the Defendant of a link that is equivalent to KRW 5,00,000, by allowing them to download the said file.

Summary of Evidence

1. Defendant's legal statement;

1. The details of dialogue, the details of charging cultural products rights, and the application of Acts and subordinate statutes on obscene materials distributed by suspects;

1. Selection of a fine or fine under Article 74 (1) 2 or 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not have any record of criminal punishment as a juvenile; however, there is a record of having received juvenile protective disposition due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, Use and Screening of Camera, etc.); the defendant's age, character, character, environment, family relationship, motive, method, and result of the crime shall be

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