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(영문) 서울남부지방법원 2013.05.09 2013고정1239

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall distribute, openly exhibit or show child or juvenile pornography.

Nevertheless, the Defendant knew that the obscene material offered by the Defendant is paid a certain point when many unspecified members download in the web site (www.bgtile.co.co.k) which is a web site, the Defendant, with the knowledge that the obscene material offered by the Defendant is paid to the Defendant when many unspecified members download, and thought the Defendant to download other materials.

Thus, around September 22, 2012, at the Defendant’s residence located in Geumcheon-gu Seoul Metropolitan Government, the Defendant used “C”, a IDd in the Defendant’s name, connected to the aforesaid “B file site,” and distributed video files, which are obscene materials for sexual intercourse with the appearance of female students recognized as children and juveniles, to make sexual intercourse with the appearance of children and juveniles, so that many unspecified users can download them.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement of E;

1. Application of Acts and subordinate statutes on documentary evidence;

1. Relevant Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Punishment therefor.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;