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(영문) 대전지방법원 2014.04.17 2014고정464
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a company member.

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, on September 18, 2013, the Defendant openly displayed obscene images contrary to the ordinary people’s normal sense of sexual shame and good sexual morality, such as the face of a man and female sexual intercourse, by accessing “www.ftiledok.com” (www) to AdidiC, which are provided by Sdive Communications, at the Seo-gu Daejeon District Office, Seo-gu, Daejeon, Daejeon, and openly displaying obscene images contrary to ordinary people’s sexual humiliation and good sexual morality.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the closure data and replies;

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. Articles 70 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 does not seem to have existed even though the defendant had been punished several times, even though he/she had committed the instant crime.

However, the defendant has no criminal record of the same kind, makes a confession of the crime, and reflects his depth.

In this context, considering all the circumstances such as the defendant's age, inclination, environment, motive for the crime, means and result of the crime, the circumstances after the crime, the punishment as ordered shall be determined.

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