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(영문) 인천지방법원 2019.07.24 2019고단2804
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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A defendant shall be punished by imprisonment with prison labor for four 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

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall sell, lend, distribute or provide a child or juvenile pornography for profit, or possess or transport it for such purpose, or openly exhibit or screen it;

Nevertheless, around July 24, 2018, the Defendant, at the residence of Gyeyang-gu Incheon building C, connected the Internet file sharing site using a computer to AE, and posted a cartoon letter with children and juveniles as “F” for the purpose of gathering money by gathering points each time the members posted a notice and selling it.

Accordingly, the Defendant distributed child or juvenile pornography for profit-making purposes.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly exhibit any obscene codes, words, sound, image, or motion picture through an information and communications network;

Nevertheless, around July 23, 2018, the Defendant posted a total of 4,636 obscene images, etc. as indicated in [Attachment Table 1 through 1,639, 1,641 through 4,637] from June 13, 2018 to July 24, 2018, including posting one animation for male sexual intercourse with female women under the title of “G”, which is a Internet file sharing site via a computer.

As a result, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. D Web lower-class hedge hedges, internal investigation reports (such as the arrangement of the current status of hedges by website sites), and investigation reports (suspect business data);

1. Application of the CD-related Acts and subordinate statutes to documentary evidence, including obscene materials;

1. Relevant provisions concerning facts constituting an offense;

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