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(영문) 부산지방법원 2014.12.11 2014고정4865
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity) is a person who operates an adult PC in the trade name of “C” from around 2012 to B and the second floor of Busan High-ro.

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture via an information and communications network.

Nevertheless, at around 15:20 on May 25, 2014, the Defendant: (a) received a fee of KRW 5,000 per hour from a man who does not know his/her name as a guest from the above PC room; and (b) had a character on a computer screen installed in the above PC room, the Defendant distributed obscene images via an information and communications network by allowing male and female visitors to a website capable of viewing obscene images with obscene contents exposed to sexual organ and sexual intercourse.

2. No person who violates the Promotion of the Motion Pictures and Video Products Act shall manufacture, supply, sell, lend, or offer for viewing any unclassified video products, or display or keep such products for such purposes;

Nevertheless, the Defendant offered obscene video products for viewing as shown in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Detection and reporting of business entities violating the Acts and subordinate statutes, and application of investigation reports;

1. Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of providing the classification of non-grade video products) concerning criminal facts, subparagraph 6 of Article 95 of the Act on Promotion of Motion Pictures and Video Products, and Article 53 (1) 1 of

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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