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(영문) 서울중앙지방법원 2012.10.17.선고 2012고단4762 판결
아동·청소년의성보호에관한법률위반(음란물제작··배포등),정보통신망이용촉진및정보보호등에관·한법률위반(음란물유포)
Cases

2012Ma4762 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production of obscenity);

2) The information and communication network utilization promotion and information protection etc.

Violation of the laws of Korea (Distribution of obscenity)

Defendant

1. Article 00 (0000 - 0000000)

Seoul Residence

Seoul basic domicile

2. Former 00 (0000 - 000000) - Proxy engineer

Seoul Residence

Seoul basic domicile

3.west 00 (0000 - 000000), self-employed

Seoul Residence

Seoul basic domicile

Prosecutor

Clerks (prosecutions) , the scope of jurisdiction (trials)

Defense Counsel

Attorney Kim Jae-deok (Attorney Cho Jae-deok et al., Counsel for the defendant-appellant)

Imposition of Judgment

October 17, 2012

Text

Defendant 100 shall be punished by imprisonment with prison labor for one year, by the preceding 00, and by imprisonment with prison labor for ten months.

(2) The execution of each of the above penalties against Defendant 00 and Defendant 00 for three years from the date this judgment became final and conclusive

shall be deferred.

To order the Defendants to take 40-hour courses of sexual assault treatment.

Computer, seized, 1 unit (including four hard disks, No. 1), 1 unit of computer, and 1 unit of computer

4 including four, No. 2), one hard disc (No. 14), one external nick (No. 16), and CDs

S. (including CD 11, No. 17) From Defendant 100, Defendant 1’s main body of the server 1 computer (Haddd.)

6 screens, No. 4), server 2 computer main body (including 7 hard disks, No. 5), server 3

one computer body (including five hard disks, No. 6), two computers (No. 7)

The defendant shall be confiscated from the preceding 00 defendant and the letter00.

A penalty of KRW 93,00,000 shall be additionally collected from Defendant 100.

Reasons

Criminal facts

1. Defendant 100

Defendant’s “(www.co. 000.co. kr)” as an operator of a obscene material site, and children and juveniles’ use.

Before November 201, 201, there is a sense to sell eggss and adult pornographys to adult PCs;

by T to provide children and juveniles with obscene materials and adult pornography in real time;

- 2 of the water server (in total of 8 copies of each hard disc) and 00 Dong 000 - 000 of the Incheon Internet facilities

company established at 000 Dong 000 and thereafter from the end of December 201 to August 7, 2012: 09:40

For this reason, 80, 000 to 150,000 won per month for use, and 000 "at least 153 adult PCs, such as "

Students in high schools and female students in middle schools who are children and juveniles are exposed to their sexual organ and sexual intercourses, etc.

§ 02. “The video, etc. of the title(s)” in a private teaching institute that contains the content to be described in subsection (a) of this section.

To protect children and juveniles from exposing 95 obscene materials used by them and sexual intercourse, etc. by men and women;

obscenity 57, 413 Parts 57, 413, including obscene video, are provided on a real-time basis on the site (one-time setting room)

Food) was set forth.

Accordingly, the Defendant sells child or juvenile pornography for profit-making purposes and sells information and communications networks.

through the sale of obscene images; 2)

2. Defendant 00, Defendant 200

Defendants, “as a person who jointly operates the same adult PC with the trade name of 000,” and “as a person who jointly operates the same in November 201.

1. From around 3 to August 14, 2012, 2012: 00 floors in 00 buildings between 00 and 00 dong, Seoul, 00 dong 00.

“3 obscenity storage servers (18 Had disc total) and personal room room for customers” in adult PC room 00

80, 000 to 150, and 000 won each month, on the one hand, shall be installed in each unit of computer.

“0 (www.co. kr)” means real time for obscene materials from operators (suppliers) of the obscenity site.

5,000 won per hour under the pretext of the service charge (additional 1,000 won per 10 minutes); and

Neither child nor juvenile middle school may expose a woman or juvenile to a female guest who finds him/her;

"New-cell" containing a place where sexual intercourse, etc. is conducted, together with "New-cell" 17 years of age;

of this title, a child or juvenile pornography, such as a video product of the title of this title, and a sex with male and female sexual organ exposed to

Viewing 67 and 105 obscenity, including a face-to-face with a face-to-face for teaching, etc.

Accordingly, the Defendants conspired to sell child or juvenile pornography for profit-making purposes.

The obscenity sold obscene images through the information and communication network.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor and police suspect interrogation protocol against the Defendants

1. Each internal investigation report and investigation report (including accompanying documents);

1. Each protocol of seizure, the list;

Application of Statutes

1. Relevant Act on Criminal Facts (the Defendants)

Article 8(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (for-profit)

Article 30 of the Criminal Act shall apply to the sale of obscene materials for children or juveniles, and to Defendant Jeon 00 and Seo 00

In addition, the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., all of which are a business offender

rate (Law No. 11322, Feb. 17, 2012, amended by Act No. 11322, and enforced August 18, 2012) 74

section 1(1)2 and Article 44-7(1)1 of the Act (the sale of obscene images made through the information and communications network, the entire Defendant

00 Of note 00, the addition of Article 30 of the Criminal Act

1. Commercial concurrence (the Defendants)

Articles 40 and 50 of the Criminal Act

1. Selection of punishment (the Defendants)

Imprisonment Selection

1. Suspension of execution (Defendant 200, 200);

Article 62(1) of the Criminal Code (former 00 is the first offender, Defendant 00 is the second offender, and Defendant 2 is not the second offender, but the second offender is not the second offender, and

Normal consideration such as a confession and reflective point, family relationship, etc.)

1. Order to attend the lecture (the Defendants)

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Confiscation (the Defendants)

Article 48 (1) 1 of the Criminal Act

1. Additional collection (defendant 100);

Article 48 (2) and 48 (1) 2 of the Criminal Act (the basis of calculation: the prosecutor's office and the police suspects of the accused.

An examination record, an investigation report (the analysis of the details of account transactions) and an account with a new bank account in 00 attached thereto.

Of the details of transactions, interest from the total amount of deposits, new discount white, Cheongho NICE after payment

foreign amount (1,000 won or less)

Reasons for sentencing against Defendant 100

Defendant’s continued obscene materials despite being investigated into the same crime and being detained for suspension of indictment;

sales for a considerable period of time to establish servers and Internet facilities, and adult PCs, etc.;

It is known that the server was seized and seized and seized at the place of the server;

State, and the site was transferred to an enterprise with a server in Japan, and the site is also deemed as the land.

It is clear that he/she is a juvenile, clearly indicating that he/she is a juvenile and that he/she is a juvenile, such as a middle and high school student.

Juvenile pornography containing acts, similarity intercourses, self-defenses, etc., and rapes or dynamics;

Juveniles subject to protection by providing and selling a large number of obscene materials containing acts, etc.;

Society, such as recognizing the subject of sexual acts and undermining sound sexual culture and good morals, etc.

A sentence shall be imposed in consideration of the fact that there are not many harm and injury, but a criminal defendant repents his/her wrong and commits a criminal offense.

and after taking over the business, after taking over the business, efforts to delete the obscenity appearing in their own name.

The defendant's age, character and conduct, environment, and motive and motive leading to the crime of this case.

State taking into account various sentencing conditions shown in the records of the instant case, such as circumstances after the commission of the crime.

sentence in the same manner as the sentence is imposed.

Registration of Personal Information

After conviction on the facts of the instant crime against the Defendants becomes final and conclusive, the Defendants are personal information.

Since a person subject to registration is a person subject to registration, the chief of a police station having jurisdiction over his/her domicile (defendant 00) shall be finally determined

(the head of the correctional institution) is obligated to submit his/her personal information to him/her (child and juvenile).

Article 33(1) and Article 34 of the Act on the Protection of Sexual Abuse.

Judges

Judges Jin-Gyeong et al.

Note tin

1) “The subjects, such as 18 to 21 years old, aid curriculum, female students’ uniforms, group dial-a-a-bes, Hashes, Hashes, ex parte rape, subsequent dial-a-bes, ex parte-dos, and SM images,” shall be classified into:

(2) the Corporation.

2) It received approximately KRW 90,000,000,000 per month from adult PC operators, in a new bank account (110350565929) in the name of PC operators.

3) Defendant 00’s closing of argument in the Seoul Northern District Court on June 18, 2012 as a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) by the Seoul Northern District Court.

Then, the judgment became final and conclusive on June 26, 2012 after being sentenced to a fine of one million won, and the judgment became final and conclusive, from June 19, 2012, the day following the date of the closure of the fact-finding court.

is the same.

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