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Defendant
A Imprisonment for six months, Defendant B shall be punished by a fine of 2,00,000 won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
1. Defendant A
(a) No person who violates the School Health Act shall be equipped with school environmental sanitation and cleanup zones with telecommunications equipment and facilities, and engage in a business with the main purpose of mediating voice dialogue or image dialogue among unspecified persons;
Nevertheless, from June 2013 to March 14, 2014, the Defendant, while operating “D” in the Seocho-gu Seoul Metropolitan City’s underground building from around June 2013 to around March 14, 2014, mediated voice dialogue or image dialogue among unspecified customers, knowing that the said establishment is located at 80 meters from school environmental sanitation and cleanup zone, with knowledge that the said establishment is located within 80 meters from school environmental sanitation and cleanup zone.
Accordingly, the defendant had telecommunications equipment and facilities in school environmental sanitation and cleanup zone and had a main purpose of mediating voice dialogue or image dialogue among unspecified people.
(b) No person in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly exhibit any obscene codes, words, sound, image, or motion pictures
The Defendant above A from June 2013 to March 14, 2014.
In D, 18 computers were installed in each room to directly access a obscene video site via the Internet, from customers who found the space to receive a charge of KRW 5,000 to KRW 6,00 per hour, and by accessing the said obscene video site to the above obscene video site, adult male and female had a head of a sexual relationship off and off with clothes.
Accordingly, the Defendant openly displayed obscene images through information and communications networks.
2. No person who has a school environmental sanitation and cleanup zone, the principal purpose of which is to intermediate voice dialogue or image dialogue among unspecified persons, with telecommunications equipment and facilities.