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(영문) 서울동부지방법원 2013.04.19 2013고정611
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A is an adult telephoneer in Gwangjin-gu Seoul Special Metropolitan City, who is an employee of the above telephone room, and E is an employee of the above telephone room, and no person shall distribute, sell, lease, or openly exhibit obscene codes, documents, sound, images, or videos through an information and communications network.

1. On October 18, 2012, Defendant A and E shared obscene videos exposed to the sexual images of both men and women, which were stored in a meat computer, for one hour from many unspecified customers, such as “D” adult telephone, and F, in a way that they share them with a computer installed in each room, at least 5,00 won.

As a result, E openly displayed obscene images through information and communication network.

The Defendant had the above E, an employee of the Defendant, openly exhibit obscene images through the information and communications network in connection with the Defendant’s business at the above time and place.

2. On October 24, 2012, Defendant A: (a) around October 19, 2012, at the adult telephone room of “D”, Defendant A, who received 5,000 won per hour from many unspecified customers, such as G, and stored in a computer, shared obscene video images exposed to each room in a computer.

Accordingly, the Defendant displayed obscene images openly through information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. A H statement;

1. Application of Acts and subordinate statutes to each list of seizure and protocol of seizure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Facts No. 1: Articles 75, 74(1)2, and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and selection of fines;

(b) Facts under Article 2: Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

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