logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.02.26 2015고정888
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one may distribute, sell, lease, or openly exhibit obscene codes, language, sound, image, or motion picture through an information and communications network, but the Defendant openly displayed obscenity images through an information and communications network by allowing the Defendant to receive obscenity images from May 2014 to June 24, 2015 on the file sharing site (www.fil joint and several pages) that is linked to a file file-based file-based file-based (www.f.com) on the front page of the said cell computer while operating PC from May 2014 to June 20 to June 24, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the suspect of the accused;

1. A criminal report (36 pages of evidence records), a criminal investigation report (a photographic photo at the time of crackdown and CD attachment);

1. Application of Acts and subordinate statutes governing enforcement photographs;

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. for Criminal Facts and Selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the defendant's assertion and defense counsel's inform adult PC customers of the ID and passwords cannot be viewed as openly displaying obscene images.

2. Determination

A. Article 65(1)2 of the former Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (amended by Act No. 8289, Jan. 26, 2007) (hereinafter “the instant legal provision”) distributes, sells, leases, or openly transfer obscene codes, text, sound, image, or motion picture through an information and communications network.

arrow