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(영문) 부산지방법원 2013.04.12 2013고정195

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No person holding a child or juvenile pornography may possess or distribute a child or juvenile pornography in the form of a film, video, game software, or picture or image, etc. made in the form of a sexual intercourse, an act of sexual intercourse, part of his/her body, such as mouth or anus, or any similar sexual intercourse using tools, or all or part of his/her body, or an act of contact or exposing with and exposing any act falling under any of the acts of causing sexual humiliation or aversion of the general public, such as self-defense, or other sexual act, or an act of sexual intercourse, which is expressed in the form of a film, video, game software, or computer or other communications medium;

Nevertheless, on September 4, 2012, from around 15:43 to September 11:52, 2012, the Defendant: (a) connected (connection D) using a ice tower computer to be used by the Defendant on the Internet line affiliated with the Defendant, in the name of the Defendant’s seat; and (b) using a P2P program, one of the P2P programs, “uorr” that enables an individual to share by sending and receiving files directly connected with the individual on the Internet; (c) using the Defendant’s computer hard disc, Japan 15 years old, Japan 15 years old, Avi, a child or juvenile, appeared to be perceived as a child or juvenile; and (d) storing and keeping the video files with the Defendant’s video files with the content of sexual intercourse; and (d) holding them with the Defendant’s video files with the Defendant’s video files with the Defendant’s obscenity, and holding them as one of the aforementioned digital files with the Defendant’s obscenity, using the Defendant’s obscene file.