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(영문) 수원지방법원 안산지원 2016.08.12 2016고단1639
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant, as a user of the P2P website, is AD.

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute or provide obscene materials for children or juveniles;

Nevertheless, at around 18:56 on December 22, 2015, the Defendant had access to the above C site using a computer at the Defendant’s residence of 117 Dong 301, and then publicly distributed and provided two video files in the column “avi, humbing off and huming to go out of the school uniforms,” where a flaf and adults appeared, and where a flaf’s sexual act is exposed to the appearance of a flag and adults, and where a flaf’s sexual act is exposed to the appearance of a flaf and adult [domestic].a6], and flaf’s desire to get off the flabed video file, and then shared the flag files to P2P C so that other users can get shared.

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

Nevertheless, the defendant had access to the date, time, and place mentioned in paragraph 1 in the above manner and had a diverative sexual activity, etc., in which the sexual organ and the sexual organ were exposed to be inserted into the sound book, and the sexual organ was taken, and n.e., n.mkv.

“The” openly displayed and distributed a obscene video file through an information and communications network, such as sharing one video file so that other users can download it.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on internal investigation (attached to the screen, etc. of a closure of theC);

1. Computer pe-related data (the defendant and his defense counsel had no intention to exhibit, distribute, and provide each obscene video recorded in the judgment against the defendant;

The argument is asserted.

The following circumstances acknowledged by each of the above evidence, and ① the “C” site used by the Defendant, P2P.

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