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(영문) 서울중앙지방법원 2013.07.03 2013고단2272 (1)
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall distribute information with obscene contents in the form of code, text, sound, image, or motion picture distributed, sold, rented, or displayed openly through an information and communications network.

Nevertheless, at around 12:59 on April 10, 2012, the Defendant: (a) accessed Internet web website C with Add'; and (b) opened a dynamic image (title: (a) in which the sexual intercourse between men and women is included; (c) from around 10:59, the Defendant was willing to promptly start to work for Ad'; (d) sexual intercourse with Ad'D; and (e) from around that time, the Defendant was going to work for Ad'; (d) sexual intercourse.

6. Until June 1, 200, the obscenity of 98 was publicly distributed on the above C website, which is an information and communications network, in which both the sexual organs of both men and women are exposed to the enemy, or photographs of pages such as sexual intercourses between men and women, and similarity intercourses.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of web nick C obscenity documentary evidence, adult obscenity (A), obscene material evidence (A), obscene material business, obscenity list, and obscenity to the Acts and subordinate statutes, and the application of photographs and copies of bankbooks;

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 criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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