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(영문) 대전지방법원 2014.10.30 2014고단2441

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall distribute, openly exhibit or show child or juvenile pornography.

Nevertheless, during the period from May 29, 2014 to May 31, 2014, the Defendant, at the Defendant’s house located in Seo-gu Daejeon C apartment 104-106, the file sharing site, and made it possible for unspecified people to download, by advertising a cartoon, which contains a cartoon relation with a man who appears to be an adult or a juvenile in a school, etc., and a woman who can clearly be perceived as a child or a juvenile by accessing the file-sharing site, such as the content of sexual intercourse with a man who appears to be an adult or a juvenile.

Accordingly, the Defendant distributed child and juvenile pornography.

Summary of Evidence

1. Partial statement of the defendant;

1. Data to screen and close a course and to close a course;

1. Application of Acts and subordinate statutes for reporting internal accidents (verification of subscribers' IDs, personal information, etc.);

1. Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated

It is so decided as per Disposition for the above reasons.