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(영문) 대구지방법원 김천지원 2021.02.18 2020고단1153
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall sell, distribute, or provide for profit-making obscene materials for children or juveniles, and possess them knowing that they are obscene materials for children or juveniles.

1. From February 20, 2020 to March 24, 2020, the Defendant received a total of 2270 obscene materials used by children and juveniles, such as the list of crimes in the attached Form 1 and the list of additional crimes in the attached Form 270, and stored them in the Defendant’s computer hard disks and cell phones.

As a result, the Defendant possessed obscene materials for children and juveniles.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) The Defendant, as a person doing activities in D as “E” (ID) (F), has raised money by selling obscene materials to others as referred to in paragraph (1) of the said Act.

피고인은 2020. 2. 17. 경 제 1 항과 같은 주거지에서 D에 위 닉네임으로 접속하여 ‘ 아자르 레 전드, 중고 딩, 희귀 영상, 로 리 1에 팔아욤

“After posting a notice on the content that read “the obscenity for children and juveniles”, the following: (a) received 15,000 won from G having reported and contacted to the company bank account in the name of the Defendant; (b) sent and sold obscene materials used by children and juveniles using O-sharing links; and (c) sold a total of 2,95 times of obscene materials used by children and juveniles through the same method from March 19, 2020 to March 19, 202 in the same manner, as shown in attached Table 2 of the List of Offenses Act, and acquired a total of 1,658,00 won.

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

Summary of Evidence

1. Copy of the police statement made by the defendant to H in court;

1. Arrangement of evidence and sales data of D accounts, reports on internal investigation (information on conversation in case of disguised transactions), and replies made by D;

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