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(영문) 서울동부지방법원 2017.07.14 2017고정329
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Internet broadcasting site D is operated in a structure that members purchase Hart (1 =100 won) and pay Hart to BJ in real-time broadcast, BJ has applied for money exchange fees and 40% of Hart applied for money exchange to the site operator, and the site operator will bring 40% of Hart applied for money exchange to the site operator, and the site operator will bring 40% of Hart applied for money exchange to profit.

No one may distribute, sell, rent, or openly exhibit obscene codes, language, sound, image, or motion picture to the public. However, the Defendant joined the Defendant’s home located in Gangdong-gu Seoul Metropolitan Government as a member of the “F” on the D website at the end of June 2015, and registered as a BJ from that time to June 2016, she was paid her pan clubs from approximately 2,000 members to that of the BJ. From that time to that time, she was paid her pan clubs from June 2016, and her broadcast pictures that show the face of her fingers inserted into or losophed into the pan clubs and display obscene images to her members of the pan clubs, while raising the amount of KRW 161,904,180 in exchange for this period.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. A protocol concerning the examination of the police officer in G;

1. Each internal investigation report (the real-time broadcast data of suspected victims and the appendix of VOD data and the H operating methods);

1. Application of Acts and subordinate statutes to report on investigation (personal information of the accused BJ and confirmation of profit-making data);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument.

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