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(영문) 수원지방법원 성남지원 2017.05.26 2016고단4073
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 8, 2016, the Defendant, within the Defendant’s residence located in Gwangju-si C and 502, connected to the Internet P2P website file log (www.fileuri.com) by the Defendant, a member of the Defendant’s access, to a DNA “D” used by the Defendant, and exposed to the sexual organ by a female student, and distributed child and juvenile pornography obscenity, [phonek] the highest call number (flurk general disclosure of flurine face) to the Defendant’s child and juvenile pornography who sexual intercourse with male and female, [1].avi] by downloading the file of the title “(flurk’s general disclosure)” to enable the unspecified number of members adjacent to this site to be shared.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. The list of file clocks and the application of the statutes governing the defendant's IP address;

1. Article 11 (3) of the Act on the Protection of Juveniles against Sexual Abuse and the Selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is confessions and reflects by the defendant, the defendant has no record of criminal records and punishment exceeding the same kind of punishment, the distribution, etc. through P2P and do not seem to be an active criminal intent, and other factors under Article 51 of the Criminal Act shall be determined as indicated in the order.

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