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(영문) 서울북부지방법원 2014.01.08 2013고단2470
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Acquittal of the accused shall be acquitted.

Reasons

1. From November 201 to April 16:25, 2013, the Defendant stored obscenity 5,722 as indicated in the list of crimes in the attached hereto, and stored obscenity 5,722 copies in a computer installed in the said room 24 computers, and distributed or displayed obscene videos through an information and communications network in a way that obscenity is seen through a computer installed in the said room 24 computers, or by linking the said “D” website with the said site, at the CP room for Defendant’s operation 302 located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, 2013.

2. Determination

A. (1) On October 15, 2013, the Defendant was sentenced to a violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals and a fine of three million won as a violation of the School Health Act (2013 high-level 1864), and the said judgment became final and conclusive on October 23, 2013.

(2) The facts constituting the crime of the instant case are as follows.

(a) No person who runs the amusement business affecting the public morals in violation of the Act on the Regulation of Amusement Businesses Affecting the Public Morals, shall allow any person to view or peruse obscene documents, pictures, sound records, films, and other obscene materials at a place where such business

From November 2012 to April 15, 2013, the Defendant installed one computer and one monitor at the third floor of the building 302 in Seoul Special Metropolitan City Nowon-gu, Nowon-gu, in 24 rooms, and received 4,000 won per hour from a large number of unspecified customers and allowed them to peruse obscene video products containing sexual intercourses between men and women.

(B) No person who violates the School Health Act shall engage in any act or install any facility that falls under the school environmental sanitation and cleanup zone subject to prohibition of access by juveniles.

The Defendant is divided from November 2012 to April 15, 2013, the school environmental sanitation and cleanup zone of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 302 floor 302.

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