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(영문) 수원지방법원 안산지원 2016.08.25 2016고단2239

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall possess any child or youth with the knowledge that he/she is a obscene material for use by such child or youth.

Nevertheless, around March 15, 2016, the Defendant reported the advertisement that B, a seller of child and juvenile pornography, posted in the Twitter around that time, and agreed to make a purchase of child and juvenile pornography from B, and carried them after sending KRW 30,000 to a new bank account (Account Number: C) in the name of B, and received a transmission of the child pornography in the compressed file amounting to four point eight7 period from B through the Defendant’s Nuri e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the sight of the account used by a child pornography purchaser, the text message sent and received by the suspect at the time of purchase from B, and the advertisement text in B;

1. Application of Acts and subordinate statutes to a report on investigation (limited to a list of information about child pornography and a closure of data);

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. 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. The proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification of personal information shall not be made in consideration of the initial offender, family relationship, outline, etc.);

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.