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(영문) 창원지방법원 2019.03.29 2019고정87
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, around July 6, 2018, the Defendant openly displayed and sold obscene images on the said website 30 times in total through an information and communications network, including, but not limited to, the face value of the male and female sexual intercourse, such as the face value of the female sexual organ inserted into the female sexual organ, if the female sexual organ is a place where he/she sexual intercourses with the female sexual organ, using the title of “C (E” (E) from “B”, which is an Internet file sharing site, around July 6, 2018.

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

Nevertheless, around July 15, 2018, the Defendant openly displayed obscene images on the said website through an information and communications network at least 959 times in total, where the Defendant had sexual intercourse using the title “G (ADH)” as “I” on the Internet bulletin board, which is an Internet file sharing site, from around July 15, 2018, when a female sexual intercourse is committed by using the title “I” on the Internet bulletin board of the said website. If a female sexual intercourse is committed by entering the male sexual organ into the female sexual organ, such as the face-to-face inserted in the female sexual organ into the female sexual organ, the female’s sexual organ is openly displayed, and from the above date to August 31, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on internal investigation (to attach a writ of meeting data), a report on internal investigation (to prepare a list of crimes and to attach data to caps);

1. Article 74 (1) 2 and Article 44-7 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting a crime and the choice of punishment;

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