아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On August 20, 2015, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials), received and possessed obscene materials for children and juveniles under the title D, “D,” by accessing the Defendant’s dwelling place in Daegu-gu BAPT operation 311 by Defendant’s computer, by downloading the file sharing program with “C”, from that time until June 6, 2016.
2. Around June 15, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) distributed obscene materials for children and juveniles by accessing the Defendant’s file sharing program with the Defendant’s computer to “C” and distributing obscene materials for use by children and juveniles.
Summary of Evidence
1. Statement by the defendant in court;
1. A criminal investigation report (as to attachment of child pornography), a criminal investigation report (as to a suspect), a criminal investigation report (as to the analysis of a file for seizure of electronic information);
1. Application of seizure records and statutes concerning the list of seizure;
1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials for children and juveniles), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials for each child and juvenile), the selection of each fine (the attitude of confession and rebuttal), the fact that there was no record of punishment exceeding the fine, the circumstances of crimes, etc.);
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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;