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(영문) 인천지방법원 부천지원 2018.02.07 2017고단2908
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

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

Reasons

Punishment of the crime

From January 2016 to January 201, 2017, the Defendant, at the Defendant’s home located in Seocheon City C, 113 Dong 901, opened a video of the title “E,” “E,” which connects the Internet file to the clinic of “D,” and whose gender is sexually sexually related, as described in the list of crimes in the attached Table, and displayed obscene materials for a total of 661 times to many and unspecified members.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the screen of screen pictures and screen pictures;

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 choice of fines, and the selection of fines;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was subject to a disposition of suspension of indictment on two occasions in the same kind of crime, and was punished by a fine of KRW 2 million on June 2017, but neglected the instant notices even if he/she was punished by a fine of KRW 2 million on the same day.

The amount of notices is very large, and there is an obscene level.

The sound use environment of the information and communications network was damaged not only by the crime of this case, but also by which anyone can access.

Criminal proceeds of KRW 400,000 have also been earned.

However, the defendant shows an attitude to recognize and reflect his mistake, and does not repeat the crime.

The results are as follows.

In addition, the punishment of both similar cases shall be determined in the same manner as the order, taking into consideration the equity of the defendant, age, sex, motive and background of the crime, means and consequence, circumstances after the crime, criminal records, etc. and all the sentencing conditions specified in the arguments and records of the case.

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