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(영문) 대전지방법원 2013.12.18 2013고정1236

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Although the Defendant was not allowed to distribute obscene videos through the information and communications network, on April 2013, the Defendant: (a) accessed the Internet website net 208 Dong Dong 1102, Seo-gu Daejeon, Seo-gu, Daejeon 2013, by using the ID called “C”; and (b) distributed obscene videos through the information and communications network by making it possible for a female under the title called “DD 1176” on the public bulletin board of the said website to have a obscenity, i.e., “D.S.C. 176” to have a obscenity, i.e., e., a obscenity with a face of carrying on self-defense, such as drinking and fluoring the chest and fluor, to have a large number of unspecified persons download.

Summary of Evidence

1. Defendant's legal statement;

1. Efusing a computer monitor;

1. Photographs;

1. Application of Acts and subordinate statutes on obscene materials CDs;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of this part of the facts charged was that no person distributed obscene materials for children or juveniles. On April 2013, 2013, the Defendant sent a child or juvenile obscene materials taken by one woman, who is a child or juvenile, to whom he/she was flated, with a ID called “C”, at his/her own residence, from the Internet sitenet 208 Dongm 1102, Seo-gu, Daejeon, Seo-gu, Daejeon, Daejeon, and then distributed a child or juvenile obscene material taken by one of the children or juveniles, who was flated, in the public bulletin board of the above site, to have the child or juvenile obscene materials taken by flating them as his/her business so that they can receive an unspecified majority of them.

2. Determination

A. As to the meaning of “child and juvenile pornography”, the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012).