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(영문) 서울북부지방법원 2015.07.23 2015고단1694

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

The sentence of sentence shall be suspended for the defendant.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. No person who violates the Act on the Protection of Children and Juveniles from Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or screen obscene materials for children or juveniles;

Nevertheless, around 00:42 on March 4, 2015, at the Defendant’s residence, the Defendant distributed a set of “E,” “F,” and “G’s obscene materials for children and youth use of “G,” so that many unspecified members can download, by making it available to the Defendant’s residence.”

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network;

Nevertheless, the Defendant, at the same time and place as referred to in the preceding paragraph, distributed the video images as referred to in subparagraph H “D, in which a fluorily exposed a woman’s sexual organ, after having connected to the Internet, was exposed,” so that many and unspecified members can download it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the closures of internal history reports (such as a file and screen pictures) and to the closures of obscenity images;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials by children and juveniles, the selection of fines), Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the distribution of obscene materials and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse (referred to as "production, distribution, etc. of obscene materials"), shall be two crimes as provided for in the Act;