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(영문) 대구지방법원 2019.03.28 2019고단3

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall sell child or juvenile pornography for profit.

Nevertheless, around May 1, 2018, the Defendant put up a sign on the Defendant’s house located in Daegu Northern-gu B, with the title “E image pop-up shop” in the account C (D), stating “Child and Youth pornographys are sold at KRW 10,000 per GB,” and received from the buyer via the F Mesens, “G” or “G,” which is the virtual currency from the buyer, puts up a child and youth pornography as its business to the “G”, and then, in a way that the buyer notifies the buyer of the ID and password of the relevant account so that the buyer can download the child and youth pornographys.

On May 1, 2018, the Defendant, at around 21:29, sold child and juvenile pornographys from May 1, 2018 to September 3, 2018, from a person who uses FID “H” at the above Defendant’s home to run a business of selling child and juvenile pornographys in the above “G”, and notified the buyer of the ID and passwords of the above “G” account, and received KRW 3,50,000 in total from around 46 times from around May 1, 2018 to September 3, 2018.

Accordingly, the Defendant sold child or juvenile pornography for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each certificate of electronic information (the value of child pornography selected by the relevant SD or USB);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 11 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse concerning the relevant criminal facts;

1. Article 37 of the Criminal Code among concurrent crimes.