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(영문) 서울중앙지방법원 2013.11.21 2013고정1546
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall distribute, openly exhibit, or exhibit any child or juvenile pornography, and distribute information with a content that distributes, sells, lends, or openly displays any obscene codes, words, sound, images, or motion pictures through an information and communications network.

On October 4, 2012, the Defendant connected the Defendant’s house located in Jongno-gu Seoul Metropolitan Government Jongno-gu to the clinic of “E” on the file-sharing website (htp:/www. 104Disk.com) and distributed obscene videos via an information and communications network as “H”, which are obscene video files, and obscene video files, which can be perceived as children and juveniles stored in a computer, which are obscene video files that could be identified as “E”, and “G” files, which are obscene video files, to be sent to the public data room in the above 2th 2th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to caps of obscenity screen pictures;

1. Article 8 (4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts (the distribution of child and juvenile pornography), Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (generally, distribution of obscene materials through an information and communications network) concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes (Punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity) with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse before order to complete a program;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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