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(영문) 대구지방법원 2018.05.18 2018고단130
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the video key (BJ) of the clinic called “C” at the Internet broadcast site “B.”

No one shall distribute, sell, lease, or openly exhibit any obscene code, language, sound, image, or picture.

Nevertheless, on June 1, 2017, the Defendant registered a video key on Bsite, and displayed and distributed obscene videos using an information and communications network by allowing its members to watch and view obscene videos in real time with the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

2. Determination

A. In light of the fact that it is not desirable that the relevant legal principles are involved without permission in moral or ethical issues, and in particular, it is not desirable to limit the participation of an individual's privacy to the minimum necessary level so that the individual's right to sexual self-determination or right to pursue happiness is not unfairly restricted, and that the need to regulate obscene materials in our society is more focused on the freedom of not abutting on obscene materials that goes beyond the protection of the sexual ethics or sexual morality of society, and that the need to regulate obscene materials in our society is to protect minors or adults' obscenitys who do not want to be protected, in light of the fact that the relevant legal principles should take into account more than the aspect of protecting the sexual ethics or sexual morality of society (see, e.g., Supreme Court Decision 2008Do4328, Apr. 28, 2008).

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