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(영문) 의정부지방법원 2017.01.16 2016고단4420
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On July 27, 2016, the Defendant was sentenced to one year and four months of imprisonment with prison labor by assault, etc. at the Jung-gu District Court on July 27, 2016, and the said judgment became final and conclusive on October 28, 2016.

[2] No person may distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

On May 10, 2016, the Defendant opened an obscene image on the Internet site, a total of eight occasions from around 2016 to June 10, 2016, using a computer, at the Defendant’s residence located in the Gu government-si C307, on the adult bulletin board of the Internet site (www.Stile.com) a sexual intercourse with the content of sexual intercourse. In addition, the Defendant displayed the obscene image on the Internet site, which is an information and communications network, more than eight times in total, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Other closure data of each obscenity;

1. A report on internal investigation:

1. A certificate of the results of creation of each sheet;

1. Attachment of each screen picture;

1. Previous conviction: Inquiries about criminal history, reporting on the results of previous convictions and reporting on the results thereof (limited to concurrent cases after Article 37 of the Criminal Act), applying Acts and subordinate statutes;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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