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(영문) 울산지방법원 2014.10.02 2014고단2102
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Although obscene information is not distributed in an information and communications network with obscene codes, words, sound, image, or motion picture distributed, sold, rented, or displayed openly in the form of obscenity, the Defendant spreaded that, on December 24, 2013, at the counter B of the city of Changnam-si, the Defendant: (a) published obscenity “C (D)” on the Internet web website file file file (http://www.W.com) board; and (b) “Immmmmmpi magazine model almb,” the title “Immmpim,” which read “Immmar’s gender is exposed to sexual organ, so that many and unspecified people can download it.”

Summary of Evidence

1. Defendant's legal statement;

1. A criminal complaint and a written statement of E;

1. Application of Acts and subordinate statutes to inquiries about the screen of data following Internet closure and communications data;

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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Although the degree of damage suffered by a victim for sentencing of Article 334(1) of the Criminal Procedure Act is serious, a reasonable amount of fine shall be selected in consideration of the fact that the defendant commits a mistake and that the defendant has no criminal record of punishment, etc.

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