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(영문) 대구지방법원 포항지원 2014.01.09 2013고단1188
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while working as a member of the “B,” which is a part of the Internet portal NAV’s adult data sharing, collected various child and juvenile pornography materials and adult pornography materials, intended to receive and sell the collected child and juvenile pornography materials to the above Kapets members, and recruited members to set up a hosting room for “video pop-up. Sheet C” and purchase children and juvenile pornography materials.

From September 12, 2013 to October 8, 2013, the Defendant sent and sold approximately 200 of child and juvenile pornography files (e.g., file name 1377801797mp4 and other videos and photographs) stored in his/her web site (NVN) with the F requesting the purchase of child and juvenile pornography within the “EPC bank” located in D at an port, and sold child and juvenile pornography for the purpose of profit-making eight times in total, such as the list of crimes in the attached Table, from around that time to around October 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (in the case of sale of obscene materials to the seller of obscene materials C, etc.), investigation report (in the case of a disguised transaction between a suspect and a disguised transaction between a suspect and a suspect), investigation report (in the case of confirmation of child or juvenile pornography transmitted by a suspect), and investigation report by the prosecution against the accused;

1. Application of statutes on search, seizure, and verification warrants;

1. Article 11 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Article 62 (1) of the Criminal Act (i.e., the first offender, the second offender, and the second offender);

1. Where a conviction becomes final and conclusive on the facts constituting a crime subject to registration of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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