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(영문) 의정부지방법원 2013.08.01 2013고단1812
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, words, sound, images, or motion pictures to the public.

The Defendant operated a retail store for adult goods in the name of “C” on June 2013, the Defendant: (a) installed eight rooms at the retail store for the said adult goods; (b) installed TV and TV sets for viewing obscene videos containing a fluor in which men and women of Jeonra have a sexual relationship; and (c) paid 15,000 won per hour from many unspecified customers and displayed obscene videos to the said customers.

Accordingly, the Defendant displayed obscene images or videos openly through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. A report on the control of a business place;

1. Application of statutes governing field control photographs;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (i.e., the fact that the defendant is going against his/her will not to repeat the crime again);

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

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