beta
(영문) 창원지방법원 2014.03.04 2013고단2952

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant thought that the Defendant posted child and juvenile pornography and general obscene materials for the purpose of receiving points on the flus (www.pruna.com) website, which is a site that shares files between members operated by the NAPPPP, for the purpose of receiving points.

No person in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall possess, distribute, openly exhibit or exhibit a obscene material for children or juveniles.

Nevertheless, on April 28, 2009, the Defendant entered the said website with the ID “B” and then distributed and displayed obscene materials for children and juveniles by openly distributing and displaying them to the said website on March 15, 2013, by displaying the title “Avi file”) a child and juvenile pornography (avi file) that contains a face of sexual intercourse with adults, a female student who was downloaded from the said website due to the clinic on March 15, 2013.”

(b) 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 any obscene codes, words, images, or motion pictures through an information and communications network;

Nevertheless, on March 20, 2013, the Defendant entered the above website as above, posted 52 obscene video files (a6. file) which contain sexual intercourses between men and women who were downloaded at the above website as the title “I ambied with their wife” and openly displayed 52 obscene video images, such as the list of crimes committed in attached Table, such as having them download.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the option of criminal facts and punishment.