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(영문) 대구지방법원 김천지원 2015.05.13 2015고단237

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is an employer who is a member of the Internet P2P P2P file book (htp:/www.fleleuri.com) website as ID “B.”

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or show obscene materials for children and juveniles, or possess them with the knowledge that they are obscene materials for children

Nevertheless, at around 19:42 on October 5, 2013, the Defendant had access to the Defendant’s home, which is the Gumi-si C Apartment 109 604, by means of a computer, and had access to the aforementioned file book site, and had a child or juvenile pornography stored in a computer hard disc and distributed a sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually, and had and distributed the child or juvenile pornography by March 3, 2015 as indicated in the attached list of crimes Nos. 4 and 6.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute information with obscene content distributed, sold, rented, or displayed openly through an information and communications network.

Nevertheless, at around 05:39, May 23, 2013, the Defendant: (a) at the office of the above Defendant’s above, with the title “E” as seen above, the Defendant shared and distributed a video file with obscene pages of which women’s face-to-face-to-faced with exposure to sound records; and (b) together with and distributed the file-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face