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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or picture through an information and communications network.
Nevertheless, the Defendant, by accessing “C” to the “B” site on the date unfolding date of 2017, opened up a video file with an adult male and female sexual intercourse with a hostilely exposed sexual intercourse, etc. (crime sight table) and allowed many unspecified members to download obscene videos, such as a total of 27 obscene video files.
Accordingly, the Defendant openly displayed and distributed obscene images through information and communications networks.
Summary of Evidence
1. Partial statement of the defendant;
1. The defendant asserts that he/she committed the act of crime in the judgment, but did not know whether he/she committed the crime or not. Article 16 of the Criminal Act provides that "any act committed by himself/herself which misleads the misunderstanding that his/her act was not a crime under the law shall not be punishable only when there is a justifiable ground for misunderstanding." This does not mean a simple legal site, but it means that a person is aware that it is generally a crime but it does not constitute a crime under the law, and if there is a justifiable ground for misunderstanding, he/she shall not be punishable. The circumstance alleged by the defendant is limited to the site of the law, and it does not constitute a mistake under the law, and it does not constitute a mistake under the law, and thus, it does not accept the defendant's assertion).
1. The crime of this case, inclusive, under 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 criminal facts and Articles 74 (1) 2 and 44-7 (1) 1 of the same Act