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(영문) 전주지방법원 2019.07.04 2019고단293

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant related to the B’s obscene material site in collusion with C, operating the “D(B)” Internet obscene material site from May 2017 to July 2018, C posted obscene material on the said B’s website and took charge of the management of its members, etc., and the Defendant, upon C’s instructions, made a production of illegal sports gambling and casino advertising materials kept from the operators of the website, and posted them on the said website to contribute to the business of creating profits.

No child or juvenile pornography shall be sold, leased, distributed, or provided for profit-making purposes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), or possessed, transported, openly exhibited, or displayed for such purposes.

Nevertheless, on May 31, 2017, the Defendant, in collusion with C, posted a notice in the title “E” on the bulletin board of the “D(B”) category of the said obscene material site, in collusion with C, for the purpose of harming the distribution advertisement of the gambling site’s publicity, and receiving advertising fees, in order to receive the advertising fees, by advertising, the Defendant posted a notice in the manner that the juveniles off his/her uniform, exposed to sexual organ and engage in self-defense as his/her business, and up to July 6, 2018, posted 15 of the obscene material appearing by the juveniles from that time to July 6, 2018 as shown in the attached list of crimes (1).

As a result, the Defendant conspired with C to distribute or openly exhibit child and juvenile pornography for profit.

(b) The business operator shall not photograph the body of another person, which may cause sexual humiliation or sense of shame, using mechanical devices having similar functions such as a camera, camera, etc. violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, or shall not distribute, sell, lease, provide, or openly display and screen the taken objects against their will;