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(영문) 인천지방법원 2018.02.20 2017고정3030
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

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

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly exhibit any obscene code, text, sound, image, or picture through an information and communications network.

Nevertheless, around September 21, 2017, the Defendant posted an obscene video file with the Internet file sharing site “C” with “C”, “E” with “E” on the bulletin board. Under the same method, the Defendant posted a obscene video file with which both men and women of the title “H” have sexual intercourse on the Internet website, and “H” with “E” on the bulletin board so that any adult member of the said website can be downloadd.

Thus, if the above site is adult member, it was openly displayed so that anyone can receive a download.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statutes on Internet posts;

1. Article 74 subparagraph 2 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc., and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense,

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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