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(영문) 창원지방법원 2017.05.25 2016고단3545
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

The defendant shall be innocent.

Reasons

1. On July 29, 2009, the Defendant: (a) subscribed to the Internet Web Had “D”; (b) provided members with a web lod “D”; and (c) provided members with a web d, film, sports images, etc. to download by selecting data from the web d, film, or sports images as above to other members or visitors; (d) provided money to the said website; and (b) provided 10% of the points to be used in proportion to the volume of files that are downloaded by purchasing “1 point” (1 point points per won) to be used; and (c) provided d, free of charge, any other members with a view to enabling them to exchange such points with other members via the Internet d, film, sports, etc. using a d, d, and other obscene method; and (d) provided d, free of charge, any other members with a view to attracting them to freely display and use the same through the Internet d, d, and so forth.

On February 14, 2011, the Defendant access from his home located in Changwon-si, Changwon-si, to Nboard, an external bulletin board, using a computer, and “The Republic of Korea, on October 28, 2010, is the latest Korean gather on the 28th day of 2010.

On October 28, 2010, as well as an explanation of “nicking in front of a video camera,” distributed child and juvenile pornography by linking images and files of video images appearing and being self-defensed by juveniles.

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

2. Article 2 Subparag. 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 201) provides that “child and juvenile” refers to a person under the age of 19 years.

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