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(영문) 서울중앙지방법원 2013.04.12 2013고단253

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is an unqualified person, and a file-based user (www.fileuri.com) on which an individual can share each other's data.

1. The Defendant’s use of file pro rata program in his/her residence, and a list of crimes committed in attached Form from April 27, 2012 to October 3, 2012, in a way that he/she shares obscene images, which can be perceived as a child, juvenile, or child or juvenile, under the title of “actual sex education,” and which can be perceived as a child, juvenile, or child or juvenile, in his/her own residence.

1. A total of three children and juvenile pornographys were distributed as indicated in the facts charged as follows.

2. The Defendant distributed obscene images via an information and communications network from April 21, 2012 to October 3, 2012, by sharing, in a way that he/she shares, the video images of the title, “(Dk) which adults have sexual intercourse with the sex granted” (hereinafter “Dk”) to allow unspecified persons to download.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to a investigative report (faging data and video data CDs);

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of child or juvenile pornography, the selection of fines), Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the distribution of obscene materials and the selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity) is committed against the defendant who shall file the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act of the provisional payment order.