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(영문) 서울남부지방법원 2019.01.18 2018고단5658
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a self-employed person who operates “B”, and a user of “C” P2P website AD”.

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

On September 7, 2017, the Defendant had access to the aforementioned P2P website by using a computer installed at the store located in Goyang-si, Gyeonggi-do, E, and distributed child and juvenile pornography in a way that female juveniles downloaded the video of the F’s “F” title to store in the PC by downloading the video of the video of the video of “F” in which sexual intercourses were recorded. On February 9, 2018, the Defendant distributed child and juvenile pornography by sharing it through file sharing and enabling many unspecified members who have access to his/her server to download.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement 1 and internal investigation reports;

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 of child or juvenile pornography) concerning criminal facts;

1. Selection of each alternative fine for punishment;

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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the provisional payment order takes into account the methods, contents, etc. of the instant crime, taking into account the fact that the Defendant is against, and taking into account other factors such as the criminal record, age, character and conduct, environment, family relationship, circumstances after the commission of the crime, etc., the sentence identical to the disposition is imposed.

Exemption from an employment restriction order.

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