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(영문) 서울중앙지방법원 2013.10.14 2013고정4222
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly display any obscene code, language, sound, image, or picture through an information and communications network, or distribute information with such content therein.

Nevertheless, around April 11, 2013, at around 20:43, the Defendant, who was the Defendant’s residence, connected to “D” following the Internet portal site at Dongjak-gu Seoul Metropolitan Government B, 1 Dong 606 (C apartment), and posted a notice by April 12, 2013, 9 of the darmatic obscenity photographs, which reveal sexual organ by adults.

Defendant

Comprehensively taking account of the act, the Defendant openly displayed obscene images via an information and communications network.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on commission (A) and photographs;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. concerning the relevant criminal facts, and the selection of fines;

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 the following reasons: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act; (b) the background of the instant case; (c) the attitude shown by the Defendant in the court; (d) the period during which the Defendant openly displayed pictures on the criminal facts; (e) the Internet space where the Defendant posted obscene photographs on the criminal facts; and (e) the number of members of “D” available for perusal of obscene photographs on the criminal facts; (e) the criminal punishment records of the Defendant (not less than four times, but not less than four times of fines); (e) the Defendant’s occupation

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