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(영문) 창원지방법원 2019.09.06 2019고정366
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

The Defendant signed the Internet file sharing website “B” as AD, and signed the “D” to the “E” on the Internet file sharing website, and used the “E” to use the “G” as a seller.

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

Nevertheless, at around 12:35 on March 12, 2018, the Defendant opened a video file with a computer from the Defendant’s residence in Changwon-si, Howon-si’s H apartment I to Adi “E”, and opened up to the adult bulletin board with the title “J” and openly displayed for many and unspecified site members of the same site with the content that he/she has sexual intercourse on the adult bulletin board. From around that time to September 16, 2018, the Defendant openly displayed or sold obscene images on “B” and “E” website over a total of 2,458 occasions, as shown in the list of crimes, at the place of a trade in distress, where the Defendant’s residence or its neighboring area had been displayed.

Summary of Evidence

1. Defendant's legal statement;

1. Application of investigation reports (the files of obscene materials posted by the suspect and the closure data attached), the contents of the same notices in the list of crimes to obscene materials files posted by the suspect, the files of obscene materials, and the provisions of CD-related Acts and subordinate statutes to store files of the list of crimes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to obtain profits.

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