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(영문) 청주지방법원 2016.08.31 2016고정451
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, on April 2015, the Defendant: (a) visited the Defendant’s house located in Cheongju-si, Cheongju-si, from the Internet website (www.ysftile.com) via a computer; (b) displayed an obscene video image exposed to the sexual organ to the title “(www.yse.com)” in the adult category, and displayed it publicly for many unspecified members to pay points and get downloadd; (c) around that time, the Defendant displayed an obscene video on 10 occasions in total, such as the one written in the list of crimes, and displayed it in the same manner as in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to communications data;

1. A report on internal investigation:

1. Apology inquiry;

1. Application of Acts and subordinate statutes on screen pictures with evidential materials;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization 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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