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(영문) 부산지방법원 2021.02.08 2020고단3638
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall distribute, provide or possess obscene materials for use by children or juveniles.

1. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production and distribution of obscene materials) from January 20, 202 to January 13:5:56, 2020, provided a video file, which is a child or juvenile obscene material, by using a computer that installed Internet data sharing program, in his/her domicile in the Busan Suwon-gu building B building C, Busan, and (E) (F) (G) to download a video file where a female child in the name of the file downloads his/her sexual organ, and around that time, he/she provided the video file, which is a child or juvenile obscene material, by allowing many unspecified persons using the above program to download.

2. The Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials), committed a method of gathering obscene materials from children and juveniles under paragraph (1) and storing them on computers used by the Defendant using the program in the same manner at the same time and place as above paragraph (1).

Summary of Evidence

1. Partial statement of the defendant in this court;

1. Application of Acts and subordinate statutes stated in a report on internal investigation (Attachment of a report on analysis of acts of spreading DNA with a tracking system, such as illegal photographing objects) to the accused on a part of the statement made in the police interrogation protocol of the suspect suspect examination;

1. Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), and each selective fine

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Order to complete a program;

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