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(영문) 서울북부지방법원 2018.01.11 2017고단4638
영화및비디오물의진흥에관한법률위반등
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to run a video viewing business in violation of the Promotion of the Motion Pictures and Video Products Act shall be equipped with facilities prescribed by the Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of the Gu

However, from April 2016 to September 19, 2017, the Defendant provided multiple partitioned viewing rooms and video products viewing equipment without registering with the competent Gu office from Dongdaemun-gu Seoul Metropolitan Government and the second floor and provided video products to the public for viewing.

(b) No person who violates the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity) shall distribute, sell, rent, or openly display any obscene codes, text, sound, image, or motion picture via an information and communications network.

Nevertheless, the Defendant, at the date and time of entry in a paragraph (a), connected five server computers with 2TB capacity storage to approximately 11 computers installed in the 11st square square meter size, and provided information to many unspecified customers who found the 6,000 won per hour via a closed room, thereby allowing many unspecified customers to view obscene materials via the server computer, thereby allowing them to peruse and watch obscene videos, thereby distributing and display obscene materials to the public via the information and communications network.

2. From April 2017 to September 19, 2017, Defendant B, as described in subparagraph 1-B, had a large number of unspecified customers peruse and view obscene videos as well as obscene videos as described in subparagraph 1-B, and had them act as an employee to assist them in committing the crime.

Summary of Evidence

1. Defendants’ legal statement

1. A written protocol concerning the examination of the suspect against the defendant A by the prosecution;

1. A protocol concerning the examination of each police suspect against D or Defendant B;

1. Each statement of E and F;

1. Investigation report (on-site control details and accompanying photographs);

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