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(영문) 수원지방법원 성남지원 2014.11.05 2014고단2139

아동ㆍ청소년의성보호에관한법률위반(음란물온라인서비스제공)등

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A from October 2, 2012 to Sungnam-si E building A, the representative director of the corporation B located in Sungnam-si E building A, and Defendant B is a special value-added telecommunications business operator who provides Internet web site F as a corporation established for the purpose of digital content brokerage, etc.

1. Eight users indicated in the attached list of crimes, including Defendant A, Nonindicted Party G, etc., posted 12 obscene materials, such as “sap,” in which the head of a male and female student of a school uniform in F from July 4, 2009 to May 24, 2013 sexual intercourses with F, as indicated in the above list of crimes.

The Defendant, despite being aware of the fact that F users engaged in the business of obscene materials, failed to take active measures to prevent such lack of human resources, thereby aiding and abetting F users to distribute and exhibit obscene materials.

2. Defendant B, a representative, aided and abetted the act of distributing obscene materials in relation to his business as set forth in paragraph (1) above.

Summary of Evidence

1. The defendant A's partial statement

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 32(1) of the Criminal Act; Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; and Article 75, Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; and Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, of the provisional payment order;

1. The primary content of the crime committed by Defendant A against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Provision of obscenity Online Services) and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscenity) is as follows.