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(영문) 대전지방법원 천안지원 2019.05.24 2019고단349
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

No one may distribute, sell, rent, or openly exhibit obscene codes, words, sound, images, or motion pictures through an information and communications network. However, around May 31, 2015, the Defendant connected the Defendant’s residence at the Defendant’s website “B” using the Defendant’s computer to the “C” account at the Defendant’s website at the Defendant’s domicile, and sold obscene images through the information and communications network by acquiring profits of KRW 14,280,000 from the date and time to October 10, 2018, including the sale of “obscenity images” in the form of sexual intercourse with the Defendant’s sex or from the name of “D”.

Summary of Evidence

1. Defendant's legal statement;

1. Details of business files and profit-making;

1. Application of Acts and subordinate statutes to investigation reports (related to execution of a warrant of seizure and replies), investigation reports (the analysis of original files of obscene materials sold by a suspect);

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. concerning criminal facts and the selection of fines for negligence;

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

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime period, frequency, quantity of obscene materials indicated in the judgment, and the circumstances in which the Defendant acquired a large amount of profits in the instant case, etc. Meanwhile, the order is issued in consideration of the overall circumstances revealed in the records and arguments of the instant case, including the fact that the Defendant led to confession and reflect against the instant crime, the fact that the Defendant appears to have no means of criminal punishment against the general public among obscene materials indicated in the judgment, and that the Defendant has no means of criminal punishment.

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