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(영문) 인천지방법원 2019.02.20 2018고단9514
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, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Around September 12, 2018, the Defendant posted a letter “E that connects the Internet site to the building B of Yeonsu-gu Incheon Metropolitan City and the residence of heading C, and then sent 23 illegal filmings of female toilets by receiving 1,700,000 won from the purchaser who visited the letter and sent 30,000 won of cultural product right and 23 of the illegal filmings of female toilets from September 12, 2018 to October 20, 2018.

Accordingly, the Defendant sold obscene images through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each report on internal investigation (including attached documents), respectively (including the sequence 1, 8, 10, 12, 17);

1. Application of Acts and subordinate statutes of each investigation report (including attached documents), Nos. 24,26 (Attached Nos. 24, 26)

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;

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

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

1. In light of the circumstances, such as the fact that the defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects wrongs on the defendant, the first offender, and the fact that the gains acquired by the crime of this case are relatively little, the punishment is determined as per the order.

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