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(영문) 서울남부지방법원 2013.04.02 2013고정731

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has operated an adult telephone room with the trade name of Bupyeong-gu, Seocheon-gu B.

From April 13, 2012 to July 1, 2012, the Defendant installed 150,000 won each month a computer on seven guest rooms in the above phone room, and provided obscene materials from operators of obscenity sites in real time. The Defendant received 5,000 won per hour as user fees and sought to find out obscenity from sexual customers, and included 5,00 won per hour in a face where female students of high school, who are children and juveniles, are exposed to sound or have sexual intercourse, etc. (3D). The Defendant viewed 95 parts of obscenity, including the video video, etc. of the same item, and 57,508 parts of obscenity video, etc. emitted from a face where male and female sexual intercourse is exposed to sexual intercourse and sexual intercourse.

As a result, the Defendant openly displayed child or juvenile pornography for profit, and simultaneously displayed obscene images through information and communications networks openly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (a copy of an investigation document, such as a letter of case sent by a obscenity supplier);

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which openly displays child or juvenile pornography), Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (which openly displays obscene images);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity with heavier punishment);

1. The statutory penalty for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) is stipulated only by imprisonment. However, in this case, a summary order of five million won was issued as to this case, and a request for formal trial has been made by the defendant.