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(영문) 대구지방법원 2013.09.05 2013고정1978
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who uses the ID "B" on the Internet following Blug site (htp://Doog. dum.).

No one shall distribute, sell, rent, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network, or distribute information with the same content as such.

Nevertheless, around March 28, 2011, the Defendant posted “2 Parts 1, 200, 1, and 2 of any note,” which read the figures of sexual intercourses between men and women by accessing the above website 702, which is located in Gold-gu, Busan.

Accordingly, the Defendant openly displayed obscene language through the information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Blogs-fags-fags;

1. Application of the statutes governing the printing of notices;

1. Article 74 (1) 2 and Article 44-7 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. for Criminal Facts and the Selection of Fine);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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