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(영문) 전주지방법원 군산지원 2014.04.09 2013고정581
음화전시
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates the DNA telecom in the following cities:

No person who carries on the amusement business affecting the public morals shall allow any person to view or peruse obscene documents, drawings, pictures, motion pictures, records, video products, or other obscene materials at a place which carries on the amusement business affecting the public morals.

Nevertheless, at around 15:00 on June 7, 2013, the Defendant: (a) created a “Yeno” container on a computer; and (b) had a large number of unspecified customers view it by allowing them to view obscene videos on the face of sexual intercourse stored in a computer.

Summary of Evidence

1. Legal statement of witness E;

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by a witness F in the fifth trial records;

1. Police suspect interrogation protocol of the accused;

1. A report on the control of a business place;

1. Application of the photographic Acts and subordinate statutes;

1. Article 10 (2) and subparagraph 3 of Article 3 of the Act on the Regulation of Businesses Affecting Public Morals Affecting Punishment for Crimes, and Articles 10 (2) and 3 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, guilty of Article 334(1) of the Criminal Procedure Act, and the testimony and control of the enforcement officers of the instant crackdowns on the grounds of sentencing, video pornography stored in a computer in the apartment room operated by the Defendant is deemed to have been actively provided by the Defendant for the purpose of enabling guests to view and view a large quantity of video pornography, rather than for the amount accumulated to have been stored in the host with downloads through the Internet.

It is difficult to understand the defendant's assertion that he had already been created with the relevant brand when he/she purchased a medium-sized computer and that he/she had been aware that he/she had been stored in the relevant brand.

The defendant has no criminal record for the same kind of crime and after his control.

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