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(영문) 창원지방법원 2019.09.18 2019고정392
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

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. On July 26, 2018, the Defendant connected the web hard site D from the Sungwon-si, Sungwon-si, to the web hard site D, posted an obscene image, such as a sexual act by male and female on the bulletin board, etc. from around that time to January 2, 2019, by posting obscene images more than 654 times in total, as described in attached Table 1, and allowing members of the said website to download obscene images.

2. On December 1, 2018, the Defendant connected the web PC B to the web PC G, “AD,” and posted an obscene image, such as sexual intercourse between men and women, on the bulletin board, by “J”, at the website B of Sung-si, Changwon-si. In addition, from around that time to January 22, 2019, the Defendant posted an obscene image on 122 occasions in total, as described in the attached Table 2 of the Crimes List 2, so that members of the above site could download obscene images.

Accordingly, the Defendant distributed or displayed obscene videos to the public through information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a investigative report (to attach screen pictures to suspect obscenitys);

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. and Selection of fines concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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