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(영문) 서울중앙지방법원 2020.02.04 2019고정2716
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The Defendant is a person who has an account “C” from the web site “B.”

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

Nevertheless, the Defendant up to January 17, 2019, up to 2019, up to 2019, up to 139 obscene materials, as indicated in the list of crimes in the attached Form, as seen in the same manner, carried out 139 obscene materials.

Accordingly, the Defendant distributed obscene images or videos over 139 times via information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

2. Each protocol of seizure and the list of seizure;

3. Application of Acts and subordinate statutes to a criminal report (the attachment of data CDs, such as a crime sight tag and a photograph to the obscenity).

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 facts constituting a crime;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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