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(영문) 서울북부지방법원 2017.09.14 2017고정160
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

On May 25, 2015, the Defendant joined the E site as “F” and registered with BJ on the E site at the residence located in Seocho-gu Seoul, Seocho-gu, Seoul. On June 2016, the Defendant displayed and distributed obscene videos through an information and communications network by allowing members of pande clubs to view obscene videos on a real-time basis, such as: (a) being paid 1,100 members of pande clubs from around 1,100 members; (b) being spandeed by fingers due to fingers; and (c) being spandeing by fingers, etc.; and (d) being spandeed by spandeing and spandeing the spande, taking the spande or spandeed span

Summary of Evidence

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

1. A report on investigation (in addition to four persons suspected of being accused due to an accident);

1. An investigation report (Attachment of suspect A’s broadcast video recording material) (as a result of lawful adoption and investigation by this court), along with the appearance of the Defendant’s sexual panty in the state of her members being exposed to or exposed to her panty, and committing an act of self-defense with her sexual panty in the state of being exposed to more than a certain amount of her members, etc. It constitutes “obscenity” under Article 44-7(1)1 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (i.e., the concept of “obscenity” under Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (i.e., the act contrary to the concept of sexual panty by stimulating ordinary people’s sexual desire and undermining normal sexual humiliation, and thus, it cannot be deemed that the Defendant’s sexual or artistic act was seriously detrimental to the dignity and value of a person who has personality to be respected and protected beyond the degree of being respected or disturbed.

1. Relevant provisions of the Act concerning facts constituting an offense;

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