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(영문) 수원지방법원 2013.08.21 2013고단469
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)방조등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 15,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

[2013 Highest 469] Defendant A is the B representative director of the corporation operating I and C, which is a web hard site, and Defendant B is a corporation established on July 8, 201 for the purpose of developing, supplying and leasing software.

1. Although Defendant A knew that a considerable number of obscene videos among various materials traded through the above site were posted, Defendant A had the above site members up to show various obscene materials and child and juvenile pornography in the above site, Defendant A had the above site members run the business, and had other members enjoy profits by paying 30 percent of the fee paid to Company B whenever other members receive digital content download.

The Defendant provided members with storage space at which obscene materials and child and juvenile pornography can be stored for a certain period of time on the above website, and, while keeping obscene materials, etc. from central servers, encouraged other users to receive a video of 100 won in 100 won, implement a business-level rating system, and promote them to join and pay part of the download amount as points according to the grade.

The Defendant, despite being aware of the distribution of obscene materials and child and juvenile pornography through the above website, failed to take particular measures to prevent the distribution of obscene materials, thereby neglecting the members to trade such obscene materials.

In addition, the Defendant easily classified the above site into category 19 years of age or older, so that users who visited the site can easily find obscene materials, etc. that they want, and made it possible to easily download and download obscene materials and child and juvenile pornography by classifying them into category 19 years of age or older.

2.2

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