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(영문) 수원지방법원 2013.06.13 2012고정3220

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 22, 2012, the Defendant, at the Defendant’s house located in Dongdaemun-gu Seoul Metropolitan Government on August 19:00, connected to the earth disc (www.torosa.com, www.todisk.com), which is the Internet web network site, carried out the business of using obscene materials, which may be perceived as a child, juvenile, or child or juvenile, or a person or representations who may be perceived as a child or juvenile, and made an unspecified number of people connected to the above website view such videos or downloads.

Accordingly, the Defendant openly displayed child or juvenile pornography.

Summary of Evidence

1. Partial statement of the defendant;

1. Extraction reports, including the screen of child or juvenile pornographys;

1. A criminal report (to attach obscene materials, video CDs and lists);

1. Application of the Acts and subordinate statutes concerning obscene materials, video CDs;

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and punishment;

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

1. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act does not constitute a child or juvenile pornography.

The term “child or juvenile pornography” refers to the expression of a sexual act by appearing of a person or representations that can be perceived as a child or juvenile (Article 2 subparag. 5 of the above Act). The determination of whether a person or representations that can be perceived as a child or juvenile constitutes “child or juvenile” is reasonable depending on whether the general public can recognize the relevant person or representations as a child or juvenile, taking into account the specific circumstances described in the obscene material, the method of expression, etc. based on the content of obscene material. The expression of the foregoing is that a young female who suffered clothes that can be perceived as a school uniform performs sexual act in a fluent space, such as a student room.