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(영문) 서울남부지방법원 2013.03.08 2012고단4563
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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A defendant shall be punished by imprisonment for not less than eight 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

On February 2, 2012, the Defendant entered into a contract with C to provide a number of obscene materials including child and juvenile pornography in KRW 100,000 per month through D’s “D” while operating the Gangseo-gu Seoul Metropolitan Government B B B C, and installed the Acons which can be connected to the relevant website on the eight screen of the customer computer.

From June 27, 2012 to August 7, 2012, the Defendant received 6,000 won per hour from customers who found the above B, and provided female students recognized as children and juveniles from the above C with a face of having sexual intercourse with other students by taking the uniforms in the school class, and provided 95 copies of the video file, which is a child or juvenile pornography used by the above “D”, and 8 web page to “integrated 1-integrated 8” through the adult obscene web site of “D”, and each page provided 5,000 male and female audience to view sexual intercourses by exposing various theme, including “Korea video, Japanese image, book image, neighborhood image, pro-friendly women, bryer women, pathic women, 18 years old, and 18 years old.”

As a result, the Defendant openly displayed child and juvenile pornography for profit, and openly displayed obscene images through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as capturings by capturing obscene or obscenity images;

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which openly displays child or 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. (which openly displays obscene images);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment shall be imposed on the crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity).

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