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(영문) 서울북부지방법원 2018.06.21 2018고단447
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

The punishment of the accused shall be set forth in six months.

Seized Treatment 1 (Evidence 1), 2 GMC (Evidence 2), 3G (Evidence 1).

Reasons

Punishment of the crime

1. No person who violates the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscenity) shall distribute, sell, rent, or openly display any obscene codes, text, sound, image, or motion picture;

Nevertheless, around 17:00 on October 8, 2017, the Defendant stored obscene videos in the PC in the PC located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C and 3, and distributed, sold, and displayed obscene videos so that obscenity videos stored in the PC via the PC installed in each room can be viewed by unspecified visitors visiting D at a charge equivalent to KRW 5,00 per hour.

2. The Defendant violated the Resident Registration Act: (a) arrested a flagrant offender on the date and time, at the place specified in paragraph (1) and at the place specified in paragraph (1); and (b) granted a police officer a resident registration number (F) of E, who is a kind of child, as he/she was, to conceal the unpaid fines.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared G, H and I;

1. Reports on internal investigation (as regards the personal information of the person under suspicion);

1. A certificate;

1. Application of statutes governing field control photographs;

1. Relevant legal provisions and Articles 74(1)2 and 44-7(1)1 (obscenity distribution), Article 37 subparag. 10 (Unlawful Use of Resident Registration Numbers) of the Resident Registration Act, and the choice of imprisonment, respectively, with labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On December 5, 201, the Defendant, on the grounds of sentencing under Article 48(1) of the Criminal Act, was sentenced to a summary order of KRW 1 million as a crime of violating the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity) and a fine of KRW 3 million on December 19, 201, and a crime of violating the Act on the Regulation of Customs Business on December 19, 201. On August 14, 2012, the Defendant was sentenced to a suspended sentence of one year for six months.

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