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(영문) 인천지방법원 2017.04.14 2017고정358
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around March 2016, the Defendant posted 189 obscene video files as shown in the attached list of crimes and distributed obscene video files, including video files, on which both male and female members of the “E” form a file-sharing platform and sexually engage in sexual acts, by accessing htp,/www.torosa.com, a file-sharing site (htp:/www.torosa.com) to an ID, which is a file-sharing site, and generated file-sharing servers on the said website, and then distributing obscene video files as described in the attached list of crimes, including 189 video files, which are obscene in the attached list of crimes, so that many unspecified members of the soil disks can download each of the above obscene video.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on intelligence and investigation, report on internal investigation (Attachment of a reply letter to communications data), and report on internal investigation (Attachment of results of comprehensive personal identification search);

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

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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