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(영문) 수원지방법원 2013.08.14 2013고단1303
학교보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 a telephone call with the trade name of "D" from the water zone C and the second floor of Yongsan-si.

[2013 Highest 1303] No person shall be equipped with telecommunications facilities and equipment, and conduct a business, the principal purpose of which is to intermediate voice dialogue or image dialogue among unspecified persons.

Nevertheless, from November 20, 200 to August 7, 2012, the Defendant: (a) installed eight rooms with the trade name of “D” on the water zone C and the second floor of the school environmental sanitation cleanup zone, which are school environmental sanitation and cleanup zone; and (b) installed a telephone, chair, etc. in the room; and (c) operated a “tel call” service, which is called as a “tel call” in order to receive 6,000 won per hour from customers who find the place and receive 6,000 won for a time and to make the sound and visual dialogue with unspecified persons.

[2013No one shall distribute information with obscene codes, language, sound, images, or videos through an information and communications network, with a content of distributing, selling, leasing, or openly displaying them.

Nevertheless, from February 2013 to March 18, 2013, the Defendant created eight rooms of one person at the said business establishment from March 8, 2013, and installed a computer, monitor, and chair for each room, and distributed obscene videos to many and unspecified customers by receiving KRW 6,00 per hour against the unspecified number of customers, and distributed obscene videos to enable each room to have access to the computer through the Internet sharing machine of the Internet.

Summary of Evidence

[2013 Highest 1303]

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A petition, a written request for investigation, a location map and photograph of a business establishment (2013 Highest 1684);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement in F and G preparation;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports and documentary evidence photographs;

1. Article 19 and Article 6 (1) of the School Health Act shall be included in the applicable law and the selection of punishment for facts constituting an offense;

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