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(영문) 수원지방법원 2018.07.19 2018고정852
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, sell, lease, or openly exhibit any obscene sign or language, sound, image, or picture through an information and communications network.

However, on October 7, 2016, the Defendant displayed an Internet file sharing website “htp” on AD.zp, which connects “D” and “D” to “D” at a closed place, and exposed a woman to sexual intercourse with one male, and displayed the file “D.zp” file, in which many unspecified people using the said website receive obscene materials.

Summary of Evidence

1. Statement by the defendant in court;

1. A report for counter-investigation;

1. Application of Acts and subordinate statutes on overlapping and providing materials;

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., concerning facts constituting an offense, the relevant Article of the Act and Articles 74 (1) 2 and 44-7 (1) 1 of the same Act;

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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