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TITLE Supreme Court Decision 2019Do5283 Decided July 25, 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
Meaning of a ¡°torrent file¡± of obscene videos and whether the said torrent file constitutes ¡°information with obscene content distributed or displayed openly in the form of motion picture¡± as prescribed in Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (affirmative)
Whether (a) the act of uploading a torrent file of an obscene video on the website, etc., thereby allowing an unspecified number of people to download it for free or (b) the act of creating a condition where people gain immediate access to the given obscene video by using the torrent file without any restrictions corresponds to the constituent elements of the crime of distributing or exhibiting obscene motion pictures under the said Act (affirmative)
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