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(영문) 수원지방법원 성남지원 2016.03.25 2015고정1255
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

The Defendant is a university student, and the Defendant subscribed to a “C” and a “D” around December 2014 on the Internet hard file site (htp: / lappe.com).

No one shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.

On June 22, 2015, the Ministry of Gender Equality, Sungnam-si, 1 Dong 609, sent a obscenity video of 20 minutes, such as a h.mp4 file, which was connected to an Internet file-sharing website file (leftile.com) and was exposed to “G where the head of sexual intercourse with his/her contribution by women and women in the former state is exposed to a h.mp4” file and posted a obscenity video of 20 minutes.

Accordingly, the Defendant publicly distributed obscene videos to unspecified people who use the display file site through information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to him/her of a obscenity video post to capture and output, to answer a request for provision of communications data, and to report an investigation;

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. for Criminal Facts and Selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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