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(영문) 인천지방법원 2017.12.15 2017고정2435
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, text, sound, image, or picture via an information and communications network.

Nevertheless, on April 21, 2016, the Defendant distributed information with the content of openly displaying obscene images, such as exposing conspiracy and self-defense, by accessing “B” to “B” and exposing personal broadcasting, and distributing information with the content of openly displaying obscene images in the same manner as around April 28, 2016.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of additional evidence by the Korea Communications Commission);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of a fine for negligence;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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