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(영문) 춘천지방법원 강릉지원 2019.01.29 2018고단1220
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

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

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

Reasons

Punishment of the crime

No person shall distribute, provide, openly exhibit or exhibit child or juvenile pornography in the form of a film, video, game software, or image or image, etc., which may obviously be perceived as a child or juvenile, or any similar sexual intercourse using parts of his/her body, such as a mouth or anus, or implements, or all or part of his/her body, which may cause sexual humiliation or aversion of ordinary people, an act constituting a self-defense, an act constituting a self-defense, or an act expressing any other sexual act, or an act of sexual intercourse using a computer or any other communications medium.

Nevertheless, at around 00:11 on August 28, 2018, at the residence of the Defendant, the Defendant connected the Internet file sharing program “cene” using a computer located therein, and distributed video works of “D”, which is obscene materials that female children have sexual intercourse with male and sexual intercourse, to an unspecified number of people who have used the said Saturday program.

Summary of Evidence

1. Defendant's legal statement;

1. To apply internal investigation reports (to attach child pornography videos circulated by a suspect), CD-related Acts and subordinate statutes;

1. Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and punishment;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The act of possessing or distributing child or juvenile pornography as the defendant requires strict punishment in order to prevent the production of child or juvenile pornography: The confession is against the defendant's age, character, character, environment, and the above circumstances.

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