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(영문) 서울북부지방법원 2013.10.28 2013고정2464 (1)
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an employee of the “Clurgy” in the Seoul Southern-gu B and the second floor, and D is a person who operates the above clurgy.

No one shall distribute, sell, lease, or openly display obscene codes, phrases, sounds, images, or motion pictures through an information and communications network.

From May 20, 2013 to May 21, 2013, in collusion with D, the Defendant: (a) installed 13 computers, etc.; and (b) equipped with usb in which obscene videos are stored; and (b) the Defendant displayed obscene videos openly by allowing customers who used computers and information and communications networks to show obscene videos against customers by guiding them upon receiving fees from customers.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. Each statement of E and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

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

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

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