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(영문) 서울북부지방법원 2013.03.15 2013고단90
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates an adult PC with the trade name of Dobong-gu Seoul Metropolitan Government.

From February 27, 2012 to August 7, 2012, the Defendant: (a) installed one computer in the above “B” adult PC; (b) installed one computer in six individual rooms for customers; and (c) paid 100,000 to D operating “C”, which is a obscene material site, each month from the said D; and (d) made it possible for customers to receive 5,000 won and 150,000 won each of the above video files to view each of the said computer sites, including the face where the male and female students, who are children and juveniles, and the female students, are exposed to sexual intercourse and sexual intercourse, etc. from the said D, including 95,000 won of obscene videos, which include 97,500 won of obscene videos, including sexual intercourses between men and women, in real time, and had them receive 57,000 won and 57,000 won per hour from each of the customers suffering from the said bank.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect regarding D;

1. Application of Acts and subordinate statutes to a list of obscenity and a closure photograph, and details deposited by a suspect to E account;

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the display of a public performance of obscenity for profit, including the display of a public performance of obscenity for profit), Articles 74 (1) 2 and 44-7 (1) 1 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 11322, Feb. 17, 2012);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The registration of personal information of Article 62(1) of the Criminal Act (the defendant is the first offender and is against his/her duty) is sought.

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