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(영문) 창원지방법원 2016.09.28 2016고정399
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, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, on September 28, 2015, the Defendant sent and shared the obscene material of the title, “Nea Man Man Man Man Man Man Man Man Man Man Man Man Man Man Man Man,” which was connected to the Internet file sharing site B by using a computer at his own home, and distributed it to many people who use the above site through transmission.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to intelligence investigation reports and internal investigation reports (including replys to DNA subscription information);

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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