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TITLE Supreme Court Decision 2016Do8783 Decided January 10, 2019¡¼Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of Obscene Materials)¡½ [full Text]
Summary
[1] Meaning of and requirement to constitute ¡°obscene¡± as prescribed by Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
Standard and method for determining the obscenity of an expressive material
[2] In a case where Defendant 2, who is the CEO of Defendant Company 1: (a) conspired with operator/manager Defendants 3 and 4; (b) used a high-volume SMS text messaging site from Company 1¡¯s office to send large volumes of text messages to an unspecified number of cell phones containing vulgar and explicit expressions or descriptions of female sexual organs, masturbation, sexual acts with an unspecified number of persons, etc., or implications of the same; and (c) was indicted on charges of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of Obscene Materials) for having distributed obscene texts via an information and communications network, the case holding that the foregoing text messages constituted ¡°obscene texts¡±
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