beta
(영문) 인천지방법원 2019.03.13 2018고단9357

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who uses the ID called ‘C' on the Internet file-sharing website.

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

Nevertheless, at around 23:59 on June 14, 2018, the Defendant visited the above B site from the Defendant’s house of Michuhol-gu, Incheon, Michuhol-gu Dalet E, and opened up a child or juvenile pornography file with the Defendant’s computer hard disc, which is called “F,” with the content that female juveniles blick up with a sexual part of the Defendant’s computer, was downloaded to the Defendant’s computer hard disc, and designated the said storage box as a co-owned package of the above B’s website so that the child or juvenile pornography file can be shared by other users through the B website from that time to July 25, 2018, as indicated in the attached list of crimes (1).

As a result, the Defendant possessed child and juvenile pornography and openly displayed it.

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, at around 00:05 on June 15, 2018, the Defendant visited the above B site from the Defendant’s office of Michuhol-gu, Incheon, Michuhol-gu Dho Lake E, with a man’s sexual flag and its face recorded by hand. The obscene material of “G” is obscene.