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(영문) 부산지방법원 2011.1.3.선고 2010고단5254 판결
음란필름제조,정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)방조
Cases

2010 Highest 5254, 5568-1 (Joint) obscenity production, information and communications networks

Promotion, Information Protection, etc.

Assistance in Violation of the law (obscenity)

Defendant

prescribedA (71years, South)

Prosecutor

Efficacy

Defense Counsel

Law Firm Lnb (Lnb)

In case of an attorney in charge

Imposition of Judgment

January 3, 2011

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal history: 2010 Highest 5254)

1. Manufacture of obscenity;

The defendant, a company that produces Mano in Japan, established and operated a company (ju) that sells Mano in Japan, issued a proposal from Mano DD1 to offer 20% of the sales proceeds if he produces and sells it together with Korean women who will contribute to Mano DoVD, a obscene film, and made an advertisement using Internet next Kano, living conditions, etc., such as "short-term high-term and high-term female women who are 20 to 30,000 won or more on the day when they are paid after shooting," and this C2 was to report the above advertisement and to respond to shooting on the condition that 3,00,000 won should be paid.

On February 27, 2010, from around 11:00 to 01:00 on the following day, the Defendant produced obscenity films with the title of “Iemmmm urm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm l

In collusion with the above leapC, the Defendant recruited ten women who are Korean women from September 18, 2009 to April 18, 2010 in the same way in the same manner as 11 times and produced obscene films (attached Form 9 No. 9) (the name of female contributors (e.g., omitted).

2. A tide protection violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection.

From April 2009 to November 4, 2010, the Defendant engaged in sexual intercourse at the office (State) administrative agency located in the Gangnam-gu Seoul Metropolitan Government (State) administrative agency, having been exposed to the sex of her male and female, or engaged in sexual intercourse with her female women as soon as her sexual organ enters the Internet site, including a grative sexual behavior her sexual intercourse with the use of her self-defense organization, etc. wm*****************************.com, www.com, www*0.0 meters from many unspecified people, using the server installed in a foreign country, such as the United States, and obtained registration of 500 UN (limited to 50,000 won) through 50,000 won from her month to her as a member, and made it possible for her to gather obscene materials using the above Internet website and operated the obscenity site in a way that enables them to use obscene materials.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The suspect interrogation protocol of the police as to thisC2;

1. Statement made by the police against 0C3;

1. Statement of seizure of each police;

1. Details of mail stored in the suspect e-mail account;

1. Each investigation report (Evidence records, 20 pages, 58 pages);

[Judgment of the court below]

1. Defendant's legal statement;

1. The suspect identification record against the accused by the prosecution;

1. Examination protocol of suspect about JC1 prepared by the prosecution;

1. Statement made by the police against thisC4;

1. A copy of each letter (written in a single language) and a translation of each letter;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 113, 124, 185 pages);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 244, 243, and 30 of the Criminal Act (the production of each obscene film, the choice of each imprisonment), Articles 74(1)2, 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 32(1) of the Criminal Act (the occupation of aiding and abetting the distribution of obscene materials, the choice of imprisonment)

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Considering the fact that the act of distributing, selling, leasing, openly displaying or screening obscene films for sentencing, and the act of manufacturing, possessing, importing, and exporting them for the above purpose is strictly prohibited by law, and as the Internet environment in Korea has rapidly developed, even if it was manufactured for the purpose of sale in a foreign country, it is highly likely to bring them into Korea even if it was manufactured for the purpose of sale in a foreign country, and juveniles may be exposed to obscene materials without any special protective device or regulation, and Korean women are able to have a great harmful effect on juveniles who have shown the risk of being able to be able to be able to have been able to have been able

It is so decided as per Disposition for the above reasons.

Judges

Judge Park Jong-k

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