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(영문) 광주지방법원 2014.06.11 2013고단6017
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by imprisonment for two years and by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2013 Highest 6017"

1. No person who violates the Act on the Use of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity) shall distribute, sell, lease, or openly display obscene images or videos through an information and communications network;

Nevertheless, the Defendant, while operating obscenity’s obscene site “C” with a server computer leased from a web host company located in the United States, set up a bulletin board, such as “domestic/cella”, “on-time video”, “direct transport”, and “first distribution” on the real-time video bulletin board as of April 3, 2013, the Defendant, on the real-time video bulletin board, posted a notice of obscenity’s obscene videos containing both men and women’s sexual intercourse with her former term, and up to October 20, 2012 to December 1, 2013, up to 812 cases on the domestic/car bulletin board, 1,203 items on real-time video bulletin board, 519 items on the first bulletin board, 497 items on the first bulletin board, and 306 points on a small number of members and videos, etc. in which the Defendant can directly display or sell obscene images, etc. by means of a large number of members and videos, etc.

Accordingly, the Defendant distributed or displayed obscene images or videos to the public using information and communications network.

2. Around November 5, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamerla, etc.) made a paid confidential club for the VIP members of the 'C' website as stated in the above paragraph (1) at around 67.208.64.237, the purpose of the Defendant is to make profits as shown in the attached Table 5, including the following: (a) displayed in a manner that allows a notice of images taken by a female woman’s flag with a mechanical device, such as a cell phone or other camera, on the part of the 'C' site of the 'C'; and (b) displayed in a manner that allows notice of the image taken by a female woman’s flag with a mobile phone or other camera, etc.

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