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(영문) 서울북부지방법원 2013.10.21 2013고정2464
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “Clovasa” on the Seoul Gangnam-gu B and the second floor, and D is a person who works there.

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

From January 22, 2013 to May 21, 2013 (Provided, That from May 20, 2013 to May 21, 2013, in collusion with D), the Defendant installed 13 computers and provided usb in which obscene video is stored, and D displayed obscene video openly by allowing customers to show obscene video images on a computer and information and communications network by guiding customers at a fee.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each statement of E and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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