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(영문) 제주지방법원 2015.11.12 2015고정435
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 23, 2015, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity) by the Daegu District Court, and the said judgment became final and conclusive on July 1, 2015.

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

On June 28, 2012, the Defendant, at the Defendant’s house Daegu Dong-gu B and 403, connected www-gu, a file-sharing site to AdidiC, and displayed obscene images openly so that anyone can be seen as an adult member of the said site, by using the “D” under the title of “E” using the “D” on the bulletin board of adult data center.

Summary of Evidence

1. Defendant's legal statement;

1. Written replys, KT replys, and NAT replys;

1. Other closure data of each obscenity;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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. Handling concurrent crimes, and exemption of punishment, Articles 37 (latter part) and 39 (1) of the Criminal Act [In consideration of equity in cases where a judgment is rendered concurrently with a crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection

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