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(영문) 서울북부지방법원 2014.11.05 2014고단2880

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 8, 2014, around 22:36, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) connects the Defendant’s home located in Dongdaemun-gu Seoul, to the hard disk (www.kis.co.kr) of the Internet file sharing website (www.kis.co.kr). On the bulletin board, female students, who were in uniformed under the title of “E”, downloaded the child and juvenile pornography with the content of aiding and abetting by exposing sexual organ mutually with men, and made it available from that time to March 19:28, 2014.

Accordingly, the Defendant distributed child and juvenile pornography.

2. Around 20:20 on December 9, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (obscenity) (hereinafter “Information and Communications Network Utilization and Information Protection Act”) connected the Internet file-sharing file disc (www.kissk.co.kr) using the clinic called “D” at the same place as “F” on the bulletin board, “F” in which both men and women have opened a cartoon with the content of sexual intercourse with sexual intercourse with sexual intercourse, from that time to May 15:30, 2014, up to May 18, 2014, the Defendant made it possible for unspecified persons to download it.

Accordingly, the Defendant distributed obscene codes and videos through information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Data for the closure of obscenity;

1. Each child pornography;

1. Application of Acts and subordinate statutes governing adult obscenity;

1. The promotion of the use of information and communications networks, inclusive of Article 11 subparagraph 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of child and juvenile pornography, the selection of fines), and the selection of punishment for facts constituting a crime;