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(영문) 광주지방법원 순천지원 2019.03.29 2018고단2466

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall possess any obscene material in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, knowing that such material is a child or juvenile pornography;

Nevertheless, on April 2018, the Defendant, using the B file sharing site from an unqualified person, took possession of the fishery products, which are children and juveniles’ obscene materials, such as children and juveniles’ obscene materials as indicated in the “attached Form 3” crime list (3) and the fishery-related3.zip (46). < Amended by Presidential Decree No. 20120, Jul. 26, 2018>

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

(a) No person who sells child or juvenile pornography shall sell, lend, distribute, or provide child or juvenile pornography for profit, or possess, transport, openly exhibit, or exhibit for such purpose;

그럼에도 불구하고 피고인은 2018. 6.경에서 7.경 순천시 C아파트 D호에 있는 피고인의 주소지에서, 컴퓨터를 이용하여 피고인의 E 계정(F)에 접속한 다음 “ㄹㄹ 영상 팝니다”라는 내용으로 아동ㆍ청소년이용음란물 판매글을 작성하여 게시하고 2018. 7. 12.경 위 판매글을 보고 연락한 단속경찰관에게 아동이 성교행위를 하는 내용의 'NEW 2016 Pedo Childlover 8yo Daddy's Little Girl JM

1. Mkv's compressive file "1.eg" containing 48 parts of child and juvenile pornography, including the video, is sold and transmitted to B in a cultural product right of KRW 25,000, as shown in attached Table 1, as shown in the list of crimes (1) from April 20, 2018 to July 21, 2018, with a cultural product right of KRW 7,650,00 on 23 occasions at the defendant's domicile from April 20 to July 21, 2018, and with B file sharing site, the child and juvenile pornography of "1.eg (48), 2ndd.g. (182)," and 3rdd.eg (227)" as stated in attached Table 2.