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(영문) 수원지방법원 안산지원 2015.12.11 2015고단3337
아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
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

Criminal facts

No person shall possess any child or juvenile pornography knowing that it is a child or juvenile pornography, and distribute or provide such child or juvenile pornography, openly exhibit or exhibit it.

Nevertheless, around September 15, 2015, the Defendant had access to “C” in the Defendant’s residence of “A” in the P2P method, and had a female child of “D” and a man who appears to be adults appear, so that a female child of “D” stored a child or juvenile pornography in the Defendant’s computer hard disc in which the female child’s sexual organ is inserted into the sexual organ of “D” and a man who appears to be adults, thereby allowing them to have the child or juvenile pornography shared with an unspecified person.

As a result, the Defendant possessed child or juvenile pornography and distributed and provided them.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report;

1. Application of the Acts and subordinate statutes to caps by cutting Crowns;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of child or juvenile pornography) and Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution and provision of child or juvenile pornography) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (such as the confession and reflection of the defendant, the fact that the defendant has no previous record and no previous record, and the fact that child or juvenile pornography possessed by the defendant has not elapsed in one);

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

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification of personal information shall not be made, taking into consideration that the disclosure and notification of personal information is not previous or existing, family relations, previous circumstances, etc.).

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