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(영문) 인천지방법원 2014.04.03 2013고단8199

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 4, 2013, the Defendant: (a) had access to the Internet file sharing program (www.gamt) to the Internet file sharing program (www.gamt) at the Defendant’s residence of Bupyeong-gu, Incheon and 202 Dong-dong 202; and (b) stated “D” in the Defendant’s PC. The Defendant was actually holding the Defendant’s obscenity by posting obscene materials, such as exposure to sexual organ upon the appearance of children and juveniles; and (c) was sharing them for an unspecified number of people using the said program to obtain access to the said program. The same year thereafter.

9. Until March 1, 99, children and youth pornographys were shared and distributed in Part 9, as shown in Appendix 1.

2. 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 obscene codes, letters, sound, images, or motion pictures;

Nevertheless, the Defendant shared a total of 2,259 obscene materials and distributed them to many and unspecified members, as shown in attached Table 2, at the time, at the same time, at the same time, and at the same place as above, in one’s own fluor in the manner described above, as well as by sharing a video file of obscene materials referred to in the item of “Blae,” in one’s fluor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each entry in the records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes in which each investigation report is entered;

1. Relevant statutory provisions concerning criminal facts, Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including distribution of child and juvenile pornography), Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (including distribution of child and juvenile pornography), and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.