아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant possessing obscene materials for the purpose of sale, at the home of the Defendant’s 1st floor in Yangyang-si, Namyang-si, 2015, purchased 100 video files of “competing”, “ro”, and “competing” in cultural gift certificates KRW 10,00,000, which are written in the indictment around December 1, 2016, from the point of time to December 1, 2016.
up to 1-620 video files, such as No. 1-620 in the detailed list of the attached electronic information, were purchased and stored in the mobile phone or the defendant's DNA account (A. D) for the purpose of sale to others.
Accordingly, the defendant had obscene materials for the purpose of profit-making.
2. Around August 26, 2016, the Defendant, at the Defendant’s house, posted a letter stating that he/she sells obscene materials by accessing the Internet Twitter to “E” and selling them. From among the video works in possession of the same background as that of the preceding paragraph, the Defendant sold a video product “satis” to approximately 150,000 won per 20,000 won per 10,000 video products, and “ro” video products by transmitting a video product with 5,000 won per 10,000 won per 10,000 won by receiving cultural gift certificates from approximately 16 children and obscenity using the same method.
Accordingly, the Defendant distributed child and juvenile pornography for profit-making purposes.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (record in the seized video file CD);
1. Results of execution of the police seizure protocol and warrant of seizure;
1. Application of the Twitter closure photographs and respective CD-related Acts and subordinate statutes;
1. Article 11 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as to the facts constituting the relevant crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The Criminal Act, the suspension of execution;