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(영문) 수원지방법원 2013.09.30 2012고정3198

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

Nevertheless, from August 13, 2012 to 19:00 on August 14, 2012, the Defendant posted an obscene video of the title “W.tototorosa.com, www.com.com.com.”, which is an Internet web site, at the Defendant’s home, of Bupyeong-gu, Incheon, Bupyeong-gu, 105 and 1702, on the Internet web site, and on the Internet, sent an obscene video of the title “W.torosa.com.com.com.com.” on which the face of gender engaging in a sexual act, stating the sexual organ, and allowing an unspecified number of people to download the said video by accessing the Internet.

Accordingly, the Defendant distributed or openly displayed obscene images using information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D, E, and F;

1. Application of the Acts and subordinate statutes to investigation reports (to confirm the web-liner business and append a certified copy of the register), search, seizure and verification warrant;

1. Article 74 (1) 2 and Article 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.