정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
No person who runs an amusement business affecting the public morals shall allow any person to view or peruse obscene documents, drawings, motion pictures, music records, video products, or other obscene materials.
Nevertheless, the Defendant, from around December 6, 201 to September 2012, operated “Ecomputer” on the fourth floor of the building in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, received KRW 5,000 per hour from the customers finding the place, and provided the said customers with obscene images of having sexual intercourse with the obscene site connected to “DNG obscene material server” so that they can be seen as obscene images of having sexual intercourse with the content of having sexual intercourse.
Accordingly, the Defendant allowed to view and peruse obscene documents, drawings, motion pictures, music records, video products, etc.
Summary of Evidence
1. The defendant's legal statement (the tenth court date);
1. Application of Acts and subordinate statutes to lists of obscene material EPCs, internal investigation reports (cash cards and accounts verification, etc. used for management expenses for the EPC bank), digital evidence analysis reports (2), digital evidence analysis reports (1) and reports on digital evidence analysis reports (1);
1. Article 10 (2) and subparagraph 3 of Article 3 of the Act on the Regulation of Businesses Affecting Public Morals Affecting the Punishment of Crimes, and Articles 10 (2) and 3 of the same Act, and the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has already been punished three times or more due to a similar crime, and the business period of this case reaches about nine months: Provided, That the business period of this case is against mistake, the suspension of the business of this case by himself/herself and is living in good faith, and all other conditions of sentencing, including the defendant's age, character and conduct, family relationship, shall be considered.