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(영문) 서울중앙지방법원 2013.05.08 2013고단251

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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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 a DNA user who can share data among individuals (www.fleleuri.com) site.

1. The Defendant distributed child and juvenile pornography on October 4, 2012 by sharing obscene videos, which can be perceived as children, juveniles, or children and juveniles, (i) using file pro rata program, and (ii) having been kept in his/her own computer, with obscene videos, which may be perceived as being a child, juvenile, or child or juvenile, in a manner that many and unspecified file members can get downloadd. 2. On October 4, 2012, the Defendant distributed 4 obscene videos, as described in paragraph (2) of the Information and Communications Network Act, in a way that he/she shares the video images of the title, “F22, 200,000,000, in a way that he/she has sexual intercourse created the sex organ by the aforementioned method so that many and unspecified file members can get downloadd.

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. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 8 (4) of the Act on the Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc., and the selection of fines for negligence, as well as the selection of fines for negligence,

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. Where a conviction against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity) becomes final and conclusive, the defendant shall be the same.