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(영문) 의정부지방법원 2013.11.26 2013고단2219
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display any obscene codes, letters, sound, image, or motion picture through an information and communications network.

Nevertheless, around April 23, 2013, the Defendant connected the Internet file sharing website (htp:/www.W.com) at his/her own dwelling area of Goyang-gu D building No. 308, Goyang-gu, Goyang-si, Goyang-si, and posted obscene images with obscene images with obscene contents of sexual acts, appearing on the bulletin board of the above website, so that they can be given off to many unspecified persons, and distributed obscene images via an information and communications network by inserting a total of 67 obscene images as shown in [crime List] Nos. 2 through 68.

Summary of Evidence

1. Partial statement of the defendant;

1. A police interrogation protocol of the accused (including a list of obscene materials attached thereto);

1. Investigation report (Adjustment of a list of obscene materials);

1. Application of the Acts and subordinate statutes governing the criminal place

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (generally: Selection of fines) concerning facts constituting an offense;

1. The portion not guilty of Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse;

1. On April 23, 2013, the Defendant’s distribution of child and juvenile pornography among the facts charged in the instant case: (a) connected to the Internet file sharing website (htp:/www.ww.fil joint and severalcom) at his/her own residence; and (b) posted the child and juvenile pornography in a way that a man and woman, who can be perceived as a juvenile, appeared as “nicking in a female dormitory” as indicated in the [Attachment List] No. 1; and (c) distributes child and juvenile pornography so that an unspecified number of people can receive sexual acts, as indicated in the [Attachment Table] No. 1.

2. According to the evidence mentioned earlier and the Internet screen closure data (No. 3 of the evidence list), the Defendant’s bulletin board.

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