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(영문) 대구지방법원 서부지원 2016.11.24 2016고단2068
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 20, 2016, at the Defendant’s domicile located in Seo-gu, Daegu-gu B and 201, the Defendant sent a video file of the title “D” in which a woman’s child was exposed to Adi’s P2P website (www.fileleleuri.com) by using a computer, and a woman’s child was exposed to Adi’s sexual organ and sexual intercourse, and stored the said file in the said computer. From that time to June 21, 2016, the Defendant opened the file to share it at the P2P site so that many and unspecified members using the said website can get downloadd.

As a result, the Defendant, knowing that he/she was obscene materials for children and juveniles, was in possession of it and distributed obscene materials for children and juveniles in possession.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation results;

1. Application of Acts and subordinate statutes to screen screen pictures (Evidence records 12, 13 pages);

1. Relevant statutory provisions concerning criminal facts, Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Distribution of Child and Juvenile obscenity), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of child and juvenile pornography), each fine (the possession of a white and reflective attitude), the selection of a fine (the fact that shows the attitude of self-contributing, the fact that the aforementioned obscenity was not an intentional crime committed, the primary offender, the number of times of crimes, and the number of video images possessed, etc.);

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. If the conviction of the accused against the criminal facts that are subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the accused shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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