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(영문) 서울북부지방법원 2014.06.17 2014고정955
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who uses a Blog (D) with Adi C at the following website on the Internet.

No one shall distribute, sell, lease, or openly exhibit any obscene codes, text, sound, image, or motion picture through an information and communications network, or distribute information with such contents as such.

Nevertheless, at around 18:33 January 3, 2013, the Defendant posted an obscene photograph indicating the gender of a female on the blost on the blost bulletin board, and openly displayed it until November 24, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Data to capture obscenity;

1. Application of Acts and subordinate statutes to data about DNA inquiry;

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 criminal facts and the selection of fines for negligence;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The Defendant and the defense counsel’s assertion on the assertion of Article 59(1) of the Criminal Act (see, e.g., Article 59(1) that the Defendant and the defense counsel have no performance and obscenity, where the Defendant and the defense counsel do not have any record of crime, including the following: (a) the Defendant’s age and no record of crime until now; and (b) the degree, number, and space where the notices are posted are personal blouses)

However, in light of the fact that the site on which the instant pictures were posted is one of the Defendant’s personal blogs, but open to many and unspecified persons, and the actual investigation agency also has access to the Defendant’s blogs in the internal investigation process and has submitted as evidence materials to capture the screen. On the other hand, there is no specific evidence, such as the above blogs were unable to access by non-disclosure at the time of crime, performance can be recognized and furthermore, performance can be recognized

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