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(영문) 서울동부지방법원 2017.11.24 2017고정1205

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등

Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscene materials) shall distribute, sell, rent, or openly display any obscene codes, text, sound, image, or motion picture through an information and communications network;

From February 5, 2017 to March 13, 2017, the Defendant installed a computer in “CPC room” operated by the Defendant on B B in Gwangjin-gu Seoul Special Metropolitan City, and in ten partitions separated from partitions, respectively. The Defendant stored obscene video works, images, and phrases, such as sexual intercourses between men and women, in a digital computer, and then collected user fees of KRW 6,00 per hour for customers who find out the same.

Accordingly, the Defendant openly displayed obscene language, sound, image, or image through an information and communications network as above.

2. No person who violates the Educational Environment Protection Act shall conduct any act or install any facility publicly notified by the head of a female family in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, from February 5, 2017 to September 6, 2017, the Defendant installed a smuggling or sealed space, which is a business facility publicly notified by the head of female family in an educational environment protection zone located in Gwangjin-gu Seoul Special Metropolitan City, within approximately 118 meters away from the boundary line of “E” located in “E” located in “E” in Seoul Special Metropolitan City, and operated an adult PC business that provides adult video works, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of customers;

1. Application of the police seizure protocol statutes;

1. Relevant Article of the relevant Act on criminal facts, Article 74(1)2, Article 44-7(1)1 (a) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the occupation of displaying obscene images, etc.), Article 16(1) and Article 9 subparag. 13 (the occupation of operating a business establishment prohibited in the educational environment protection zone) of the Educational Environment Protection Act, and the selection of fines, respectively;

1. Article 37 of the Aggravation of Concurrent Crimes Act.