디지털콘텐츠 음란물에 대한 음란성 판단의 주체와 법률의 착오 = Digital-Contents’s Obscenity and ‘erro juris’

다국어 초록 (Multilingual Abstract)

The legal control against the lewdness will see, or, the form which is the possibility which it will read was general. The many change got in the environment which with but today with advancement of electronic recording system, the computer, the on-line digital contents and information and communication technology relates same information. It is like that and also the lewdness sees, or heretofore, in the cyber-lewdness from the form which is the possibility of reading form of the immaterial being namely it is quickly changing.
But like this cyber-lewdness leads the network and network mode or it is a data form it will be able to confirm the face which uses mobile. The data it will be able to confirm the image like the film the form is not the lewdness which the criminal-law is regulating from point and the nature is different.
Today mainly the lewdness territory which becomes problem in the object of criminal-law regulation, it is a digital contents which the Internet or with mobile the same information network it will lead and the user will receive, or, it will be able to use in order, transmits an image. The disputed point of the supreme court ruling which relates with the criminal-law regulation against the cyber-lewdness with afterword is same.
“The decision against the lewdness from Korea Media Rating Board it leads and only against the above 18years in order for the use to be possible, the video data which is classified service from electromagnetic waves straight road making Internet portal site, or, it could be punished with the act which the act which it does provides the lewdness with cellular phone service probably,” is. It is like that and this dissertation the image where from Korea Media Rating Board the grade is classified will investigate the yes or no where the lewdness should have been negated. And the accused image use a mobile telephone and service that one thing is not a lewdness, against judging in the users to the ‘erro juris’ which is the reason which is legitimate correspond, it investigates.

목차 (Table of Contents)

• Ⅰ. 문제제기 : 디지털콘텐츠 음란물에 대한 형사적 규제
• Ⅱ. 음란성 판단의 주체
• Ⅲ. 음란성 판단에 있어 법률의 착오
• Ⅳ. 대상판결의 검토
• 〈Abstract〉