beta
(영문) 광주지방법원 2020.01.15 2019고정777

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

(a) No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or exhibit child or juvenile pornography;

Nevertheless, at around 02:26 on February 25, 2019, the Defendant collected eight video files from Internet computers installed in Gwangju Northern-gu B apartment C using P2P Internet files sharing programs, such as D., P2P Internet files sharing programs, and distributed them by disclosing the aforementioned files received at the above places to obtain multiple numbers of unspecified persons by using D programs, which are P2P Internet files sharing programs. < Amended by Act No. 1506, Feb. 25, 2019; Act No. 13748, Oct. 26, 2019; Act No. 13984, Mar. 7, 2019; Act No. 13984, Feb. 26, 2019; Act No. 139

(b) No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials) shall possess any child or juvenile pornography with knowledge thereof;

Nevertheless, from April 27, 2010 to May 22, 2019, the Defendant possessed a total of 89 children and juvenile pornography, including possessing a video file with which children and juveniles’ sexual organ, etc. are exposed to their own computer hard disks from around 21:56 to May 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of investigative reports (related to computer hard disks used by suspects A), list of child pornographys, and closure photographs of child pornography screen pictures, in accordance with Acts and subordinate statutes;

1. Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to distribution of obscene materials used by children or juveniles), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to possession of obscene materials used by children or juveniles), and selection of fines concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Order for the protection of children or juveniles against sexual traffic;