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(영문) 서울북부지방법원 2018.12.07 2018고단4052
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall distribute, sell, lease, or openly exhibit any obscene codes, sounds, images, or motion pictures through an information and communications network.

Nevertheless, from the beginning of January 2017 to July 28, 2018, the Defendant connected the Defendant’s adult computer room operated by Dongdaemun-gu Seoul, Dongdaemun-gu Seoul with two server computers in which obscene videos are stored to a network, and then received user fees of KRW 6,00 per hour from many unspecified customers and directed them to view obscene videos through the network connected as above, thereby openly displaying obscene images via the information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A protocol of seizure and a list of seizure;

1. A criminal investigation report (to be accompanied by site photographs and images taken by a police officer dispatched to the scene);

1. obscenity with obscene materials inside investigation reports (the file analysis stored in the hard disc) and attached hard disks;

1. Application of Acts and subordinate statutes to report internal investigation (on-site control processes and relation to attaching photographs), photographs of adult PC control sites attached thereto, and photographs of seized articles;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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