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(영문) 광주지방법원 2018.06.27 2018고정523
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 27, 2017, from around February 28, 2018 to around February 28, 2018, the Defendant paid an irregular point to C, a file sharing site, using his/her own computer, and possessed 145 files, such as obscene materials “D,” which children and juveniles have sexual intercourse with their body.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to investigation reports (the results of execution of a warrant of search and seizure and hard disks analysis);

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order Act asserted that the defendant's use of the files recorded in the list of crimes and deleted them after viewing them, and thus, they cannot be held.

According to the evidence duly adopted and examined by this court, the defendant stored the above files with the defendant's computer hard disc and viewed them, and then deleted them. The defendant possessed them in the process of storage and viewing by downloading the above files.

I would like to say.

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