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(영문) 대전지방법원 천안지원 2020.02.21 2019고단3212
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

Since 2008, the Defendant was aware of the characteristics of the P2P program, which is a P2P program, and was distributed simultaneously with the file download.

Nevertheless, on August 22, 2019, from around 23:13 to 23:27 of the same day, the Defendant: (a) executed the “E” file in the program from the Seoanbuk-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, the residence of which was located; (b) distributed 9 children and juveniles obscene materials from around August 23, 2019, by downloading the video files with the “E” in which the face-to-faces where the male and female sexual act and similar act are recorded; and (c) distributed them by transmitting the video files to many unspecified persons who implemented the program as above; and (d) from that time, from August 23, 2019 to August 23, 2019, the Defendant distributed nine children and juveniles pornography.

Accordingly, the Defendant distributed child or juvenile pornography using B program.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the F Internet reply data;

1. A report on the analysis of dissemination B of the tracking system, such as illegal photographing objects;

1. Application of Acts and subordinate statutes to investigative reports (verification of child or juvenile pornography and CD-record attachment);

1. Articles 11 (3) and 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of a fine for the crime;

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 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The records of the instant case, including the fact that the sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is not easy in light of the contents of each of the instant crimes, on the other hand, the Defendant confessions and reflects each of the instant crimes, and there is no record of criminal punishment against the Defendant.

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