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(영문) 수원지방법원 2013.06.20 2013고정224
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner of "E" in Sung-nam City D and 218, and Defendant B is the manager of the above business.

No one shall distribute, sell, rent, or exhibit publicly in the form of obscene codes, letters, sound, images, or motion pictures through an information and communications network.

Nevertheless, at around 19:20 on October 5, 2012, the Defendants made ten rooms per person in the above E “E”, and distributed obscene materials by providing each room with a computer, monitor, main body, and personal body with a personal seal, with an average of 6,00 won per hour for many unspecified adults, and by providing each room with adult screen pictures stored in advance in a machine with a personal seal, with a notice of the method of using a computer so that customers of each room can have access to the computer.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Defendants who choose the applicable law and punishment for criminal facts: Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants: Article 48(1)1 and 2 of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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