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(영문) 부산지방법원 2012.12.06 2012고단7736
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A (the age of 42) is a person who installs each computer in about 40 square meters in the floor area of about 40 square meters in Busan, the floor area of about 40 square meters and operates a rest room exclusively for adults, and the above business is not registered with the jurisdiction of the competent jurisdiction.

No person shall distribute or openly exhibit obscene images or videos through an information and communications network.

1. At around 19:55 on August 2012, 2012, around 19:55, the business entity received KRW 5,000 at one hour from three male and female visitors on the name non-studing of customers, and provided studio guidance so that customers can easily see obscene video products, such as sexual intercourse with their body of their body, by guiding customers on the computer screen on the studio.

2. On August 17, 2012, around 22:30, at the above establishment, both men and women, stored on computers using Internet PC, were exposed to sexual organ and exposed to sexual intercourses by receiving KRW 5,000 per hour against many unspecified customers.

Summary of Evidence

1. The defendant's legal statement (the fact of No. 1 on the market);

1. A document prepared by D;

1. Data on detection and report of business places in violation of Acts and subordinate statutes, internal investigation reports, and accompanying materials (the fact of paragraph (2) at the market);

1. Detection and reporting of business entities violating the Acts and subordinate statutes, and application of investigation reports;

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, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 200Do1448, Apr. 1, 2001

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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