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(영문) 수원지방법원 안산지원 2015.12.11 2015고단3382

아동ㆍ청소년의성보호에관한법률위반(음란물소지)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall possess, distribute or provide any child or juvenile pornography knowing that it is a child or juvenile pornography.

Nevertheless, at around 18:31 on June 18, 2015, the Defendant used a program that shares personal files at the Defendant’s residence located in Ansan-si B and 301, which is a program that is a program that shares personal files, to allow a female child of “C” and a man who appears to be an adult to appear, to store the child or juvenile pornography in the Defendant’s mobile phone in which the female child’s sexual organ is inserted in the sex organs of female children, thereby allowing them to download them by sharing the child or juvenile pornography with unspecified persons.

As a result, the Defendant possessed child or juvenile pornography and distributed and provided them.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes concerning the output of screen pictures after the details ofuTor co-ownership and the closure of obscene materials;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of child or juvenile pornography) and Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution and provision of child or juvenile pornography) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (the confessions and reflects by the accused, the primary offender is the accused, the child or juvenile pornography possessed by the accused has not been only one, and the present deletion has been taken into account);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Registration of personal information of a child or juvenile exempted from disclosure or notification of personal information under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure or notification of personal information shall not be made, taking into consideration the initial offender, family relationship, name, etc.);