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(영문) 인천지방법원 부천지원 2012.12.27 2012고정1940
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, a file sharing site, joined C as the clinic called “D”.

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 as such.

Nevertheless, on August 2012, the Defendant posted an obscene video file, which was connected to C in the Defendant’s residence, and was exposed to the title “(Bhyeong) 1635996 on the bulletin board number of 1633596 on the website,” in which gender-related pages between men and women were recorded.

Accordingly, the Defendant spreads obscene images through information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning data to be cut down;

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;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (In consideration of the fact that the defendant is the primary offender, the age, inclination, environment and all other circumstances shown in the record);

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