아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Defendant
A is a person who operates an Internet mobile phone sales store in the name of "C" in the Gu Government City B, and is a user of DID's E.
1. He/she shall not distribute, openly exhibit or display, or possess obscene materials for children or juveniles in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;
Nevertheless, on June 30, 2017, the Defendant displayed and distributed the files by linking them to D and using them to make them available to other users, such as “F,” “G”, “H,” and “H” to store and possess obscene materials for children and juveniles, which are files, in a computer hard disc, and allowing them to be shared by other users by using them by not later than August 7, 2017.
2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscene materials) shall distribute, sell, rent, or openly display any obscene codes, text, sound, image, or motion picture through an information and communications network;
Nevertheless, on August 7, 2017, “I, at the same place as in the preceding paragraph of 11:15 Magaz.” displayed and distributed obscene materials through an information and communications network, by sharing the video files “I, where a sexual act site, etc. is exposed to a fluor, by means of access, a woman’s negative exposure, and sexual intercourses, etc., taken by other users.”
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes concerning communications data submission replys, resident registration cards, internal investigation reports (fixtures, etc. on D screen), closure of D screen (verification, etc. of access IPs at the time of spreading), and check of e-mail in advance;
1. Article 11(3) of the Act on the Protection of Juveniles against Sexual Abuse (the provision of obscene materials), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials), Articles 74(1)2 and 44-7(1)1 of the Act on the Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the obscene materials) concerning criminal facts