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(영문) 대전지방법원 천안지원 2020.02.21 2019고단3211
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
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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

The defendant is a corporate cause.

Since 2018, the Defendant was a person who used a siren program, and was aware that it was a program with the characteristics of the file downloading and distributing it.

1. On September 13, 2019, from around 19:05 to around 19:18 of the same day, the Defendant: (a) carried out a 'D' file in a given program from the building B in the Dong-gu, Nam-gu, Dong-gu, Dong-gu, Dong-gu; and (b) distributed the video files of obscene videos for children and juveniles using the child and juveniles as well as transmitting them to many unspecified persons at the same time.

2. On September 14, 2019, from around 00:32 to around 06:34 of the same day, the Defendant: (a) carried out a siren file at the same place as “D” program in the same manner as “A”; and (b) distributed a child or juvenile pornography video file in the same manner as the preceding paragraph, in which the face where female children and adults sex are sexually sexually sexually and similar.

Accordingly, the Defendant distributed obscene materials for children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the F Internet reply data;

1. A report on analysis of the spreading of sirens in 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. Each of the crimes in this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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