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(영문) 부산지방법원 동부지원 2015.01.22 2014고정1483
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

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

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.

Nevertheless, around May 16, 2014, at around 16:14, at the defendant's residence located in Nam-gu, Busan, B apartment 102 Dong 1502, the defendant reported that many comments related to the Sewol ferry accident are posted on the Internet, and then, using the PC installed in the location, the defendant published the title "C" on the Internet Work Stilbe (Ww.be) bulletin board, and the letter "if sent off, it is 23 cent, it will be open, and it will be open."

Accordingly, the Defendant openly displayed obscene language through the information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (Attachment to the closure data of the National Police Agency's Cyber Counterterrorism Center);

1. The application of Acts and subordinate statutes to investigative reports (execution of a warrant of search and seizure and submission of materials);

1. Relevant Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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