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(영문) 서울남부지방법원 2016.04.01 2016고정552
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall distribute, sell, lease, or openly display obscene codes, phrases, sounds, images, or motion pictures through an information and communications network.

Nevertheless, Defendant A may, on September 18, 2014, correct the Simnam-si of the Gyeonggi-do, his domicile on September 18, 2014

B. Within the scope of the Internet file sharing site access to the clinic called “C”, and then distributed or displayed obscene images via an information and communications network by making many and unspecified persons access to the said site and download the obscene images, the sexual flag and sexual intercourse of both men and women, as the title “D”, by making it available for them to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the submission of communications data and report on investigation results;

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

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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