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(영문) 대구지방법원 안동지원 2019.01.18 2018고정131
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall distribute information with obscene content in the form of distribution, sale, lease, or openly displayed in the form of code, text, sound, image, or picture through an information and communications network.

Nevertheless, around July 4, 2018, the Defendant sent 10 obscene images to “F” under the title “CPC bank” located in “CPC bank” as a file-sharing site on July 4, 2018 and distributed them, respectively, by making them available to an unspecified number of users for downloading, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of report on internal investigation (Attachment of Evidential Materials) and report on internal investigation (the process of verifying the user of the “E”)

1. Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 44-7 (1) 1 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognized his/her mistake as an initial offender and reflected in the order of provisional payment.

The number of obscene videos by the Defendant is relatively large.

In addition, the defendant's age, character and behavior, environment, economic situation, motive and background of the crime, period of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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