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(영문) 인천지방법원 2019.05.15 2018고단9188
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who uses the ID “C” from the Internet file sharing website “B.”

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials) shall distribute, openly exhibit, screen or possess any child or juvenile pornography;

Nevertheless, at around 11:24, June 15, 2018, the Defendant visited the above “B” website at the residence of the Defendant of the Namdong-gu Incheon Metropolitan Government D apartment E, and the appearance of female and male children, allowing adult male and female children to enter female children as soon as possible, and download a child and juvenile pornography file with the “F” with the content of inserting the sex organ of female children into the sex organ of female children, which is downloaded to the Defendant’s computer hard disc drive, so that the storage package can be shared by other employers through the B website.

As a result, the Defendant possessed child and juvenile pornography and openly displayed it.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network;

Nevertheless, the Defendant, on the date and at the same place as indicated in the foregoing Paragraph 1., designated each obscene material file as “G”, “H”, “H”, “J”, “K,” “L”, “M”, and “N”, in which the sexual flag and sexual activity scene of women and men are exposed to the same manner as in the same paragraph, through the above B website, was downloaded to the Defendant’s computer hard disc storage straw, and designated the storage straw as the co-owned box of the above “B” website.

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