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(영문) 의정부지방법원 고양지원 2019.09.06 2019고단1978
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, around 18:43 on February 23, 2018, the Defendant: (a) connected “D”, which is a Internet web site, to a computer, at the home of the building B in Yongsan-gu, Yongsan-gu; (b) posted a video image in which both men and women of “G” are sexual intercourse on the adult bulletin board; and (c) up to August 26, 2018, up to 3,462 times in total, as shown in the list of crimes in the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. A list of crimes in a separate sphere, and 226 signboards (obscenitys) in a separate sphere 226 photographs;

1. In the investigation report (Attachment of DNA seizeds to a stock company), investigation report (Attachment of obscenity disclosed by the suspect), - obscenity closure data, investigation report (Attachment of obscenity files and closure photographs carried out by the suspect), -1. DNA member information - copy of the file of 'A.xlsx', and 4.D-loppbook recording - - 1. DNA file printings, investigation report (related to criminal proceeds acquired by the suspect through obscene distribution), - partially printeds of the file, 3.D printings of the account withdrawal data, 5.4.4.4.Dlpsx, 4.Dlps, - (related to the proceeds of crime acquired by the suspect through obscene distribution), -1.D-1. Dolpsxxx, 3.D-book printings of the file, 5.010-10-1090-1000-100-100-100-100-100-100-10-2-2-100.

1. Article 74 (1) 2 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime (generality of,

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

1. Confiscation Article 48 of the Criminal Act

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