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(영문) 수원지방법원 2013.10.25 2013고정1118
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

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

1. Defendant A is a person who uses the ID referred to as “C” in a file file (www.fil joint and several) that is an Internet file sharing site.

On April 12, 2012, from around September 5, 2012 to around September 5, 2012, the Defendant posted 196 video images to allow many, unspecified persons to get off, by accessing the above site from the Defendant’s home located in Chungcheongnam-gu, Chungcheongnam-gu, 301 Dong 1601 (E apartment).

Accordingly, the Defendant openly displayed obscene images.

2. Defendant B is a person who uses the ID referred to as “F” in a file file (www.fil joint and several) that is an Internet file sharing site.

From the end of March 2012 to the end of August 2012, 2012, the Defendant appears to be a clerical error in writing 720 in the indictment of 270 copies of the video image with a content that connects the above site to the Defendant’s house located in Seodaemun-si G and 103 Dong 804 (H apartment) and sexual intercourses between men and women.

(Investigation Records No. 382, 396, 407, 426). A notice was posted to enable many unspecified persons to get off.

Accordingly, the Defendant openly displayed obscene images.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police interrogation protocol against the Defendants

1. Sales points details, and each supporting document in advance;

1. Application of each report on investigation (suspects specific Acts and subordinate statutes);

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. (generally, designating a fine) concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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