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(영문) 서울동부지방법원 2013.05.02 2013고단303

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On May 10, 2008, the Defendant subscribed to a file format (htp:/www.lele.lele.com) which is an Internet file sharing site, as a DNA “B,” and came from May 15, 2012 to install a P2P program, a P2P program, which is a P2P program, which is a P2P program, which provides the Defendant’s computer as a file sharing server for an unspecified number of people to share files, and then openly shares and publicly shares obscene materials stored in the Defendant’s computer and distributed obscene materials to other ordinary members if they receive 30MB, the Defendant distributed materials for profit-making purposes such as 4,400 won per 3MB (or 4,400 won per month regular settlement, 3,133, 2000 won per month, 200 won, 6,2500 won, etc.).

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall sell, lend, or distribute, or possess, transport, openly exhibit or screen, for profit, any child or juvenile pornography;

Nevertheless, the Defendant: (a) connected the Defendant’s residence from May 15, 2012 to October 22, 2012, with a computer and the Internet to the aforementioned “filing Guidebook” site; (b) pursuant to the inserting and circumstance text, the Defendant’s inserting up to five years of age, a child or juvenile pornography, which is a child or juvenile pornography stored in the Defendant’s computer, for profit-making purposes; and (c) opened to publicly shared one video image that an adult male under item (a) “a child or juvenile pornography,” which is a child or juvenile pornography stored in the Defendant’s computer, from May 15, 2012 to around October 2, 2012, with a view to accumulating points; and (d) opened to public by many and unspecified persons, one video image, which is a child or juvenile pornography stored in the Defendant’s computer.

Accordingly, the Defendant distributed or openly displayed child or juvenile pornography for profit.

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