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(영문) 서울북부지방법원 2013.09.11 2013고정2039
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution) operates the “D”, which is an adult-only computer telephone room, on the 3th floor Seoul Central and

No one shall distribute, sell, lease, or openly display obscene codes, phrases, sounds, images, or motion pictures through an information and communications network.

Nevertheless, at around May 21, 2013, the Defendant, in collusion with E, an employee, etc., installed PC 1 and 14 computers containing four hard disks in which obscene images are stored, and E displayed obscene videos openly through an information and communications network, such as guiding customers to receive fees from customers and see obscene videos.

2. No person who violates the School Health Act shall conduct business in school environmental sanitation and cleanup zones where juveniles access and employment are deemed harmful to juveniles, such as business producing, producing and distributing media harmful to juveniles and drugs harmful to juveniles, etc., according to the standards set by the President, and perform any act and facilities publicly notified by the Minister of Gender Equality and Family;

Nevertheless, the defendant operated a business establishment harmful to juveniles as described in Paragraph 1 at the place specified in Paragraph 1, which is a school environmental sanitation and cleanup zone at the time mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each statement of E and F;

1. Police seizure records;

1. An investigation report (e.g., recording file by cutting down a sexual computer or telephone room and a school boundary distance map);

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant provisions of Article 74 (1) 2, Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts, Article 30 of the Criminal Act (the point of spreading obscene materials), Articles 19 and 6 (1) 19 of the School Health Act.

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