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(영문) 광주지방법원 2019.11.20 2019고정789

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. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

A. From February 12, 2019 to 14:11 to 14:18, the Defendant distributed eight video images exposed to the sexual organ, etc. of children and juveniles, a child or juvenile pornography, using a P2P Internet file sharing program, a P2P Internet file sharing program, in his/her residence located in Seo-gu, Seo-gu, Gwangju.

B. The Defendant’s aforementioned A from February 24, 2019 to February 20:59 to 23:21.

A. at the place described in the subsection above

Using the program described in paragraph (1), 34 video images were distributed to which the sexual organ, etc. of children and juveniles, “E,” which is a child or juvenile pornography, is exposed.

2. The Defendant had 2,664 photographs, such as 506.jpg, from which the sexual organ, etc. of children and juveniles is exposed to his/her own computer hard disks at the above temporary location (obscenity possession).

Summary of Evidence

1. Defendant's legal statement;

1. Analysis and reporting on the proliferation of obscene material tracking system C;

1. Investigation report (related to the analysis of hard disks owned by A);

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

1. Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of distribution of child or juvenile pornography), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of possession of child or juvenile pornography), and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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