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(영문) 광주지방법원 2020.05.13 2019고정794
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The sentence against the accused shall be 5,000,000 won.

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

Reasons

Punishment of the crime

(a) No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or exhibit obscene materials for children and juveniles;

Nevertheless, from April 6, 2019 to 06:01, the Defendant had access to the Internet using computers installed in Seo-gu, Seo-gu, Seo-gu, Gwangju, a Defendant’s residence, by using a magnetic file file sharing program, which is a P2P Internet file sharing program, and possessed 19 copies of video files in which children and juveniles’ sexual organ, etc. are exposed, and distributed them by disclosing the collected files at that time to many unspecified persons via a magnetic file sharing program, which is a P2P Internet file sharing program.

(b) No person shall possess any obscene material for children or juveniles in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Nevertheless, from December 27, 2014 to May 16, 2019, the Defendant had access to the Internet using computers installed in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, a Defendant’s residence, and had 610 video files with children and juveniles exposed to the sex of children and juveniles using the P2P Internet file sharing program.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation report (specific suspect);

1. Application of Acts and subordinate statutes to the submission of data and correspondence (101 pages of investigation records);

1. Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials by children or juveniles, the selection of fines), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials by children or juveniles, and the selection of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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