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(영문) 춘천지방법원 영월지원 2017.02.07 2016고단504

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

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

From August 1, 2015 to November 1, 2015, the Defendant, at the Defendant’s residence located in Gangseo-gun B apartment 103, carried a total of 52 child and juvenile pornography recorded in the attached crime list, such as “a photograph describing a face-to-face, in which men live nextly, in an animation video,” in the Defendant’s sexual flag of a woman’s child who is a female, who reads the face-to-face,” and kept obscenity on the Internet, and around that time, possessed the above obscenity by means of downloading the said obscenity to his/her business in the [C] website, which is linked to his/her old account.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of a report statute, which is a obscene material photograph and cyber preserving tape;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Taking into account such factors as the number of obscene materials held by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act and the fact that the Defendant had no criminal record