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(영문) 대구지방법원 2018.02.20 2018고단62
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

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

Reasons

Punishment of the crime

On April 22, 2017, the Defendant posted a video file containing obscene content, such as sexual intercourse, from January 22, 2017 to May 2017, at the same place, a total of 600 times from around the same year, where the parent of the Defendant, located in Daegu Northern-gu, had access to the Internet Dsite, and “E”, as an clinic, has opened up a video file with the head of sexual intercourse, which is the title of “F”, as well as a video file with the head of sexual intercourse.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (the details of the commencement of internal investigation and the filing of relevant data) - The list of video images with which the user of the “E” runs his/her business, the screen and the reproduction screen of the video downloaded and the reproduction screen, and the report on internal investigation (related to the specific circumstances of the suspected person) shall be governed by the statute;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are very large and there is an obscene level.

The sound use environment of the information and communications network was damaged not only by the crime of this case, but also by which anyone can access.

Criminal proceeds of KRW 500,000 have also been earned.

However, the defendant shows an attitude to recognize and reflect his mistake, and does not repeat the crime.

There are many things.

There is no criminal history.

In addition, the punishment of both similar cases shall be determined in the same manner as the order, taking into consideration the equity of the defendant, age, sex, motive and background of the crime, means and consequence, circumstances after the crime, criminal records, etc. and all the sentencing conditions specified in the arguments and records of the case.

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