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(영문) 수원지방법원 안산지원 2015.09.09 2015고단2183
아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. No person who is in possession of obscene materials under the Act on the Protection of Children and Juveniles against Sexual Abuse shall possess them knowing that they are obscene materials for children or juveniles;

Nevertheless, at around 12:18 on February 22, 2015, the Defendant had access to a P2P “book” in the Defendant’s residence located in Ansan-si, Da, 203, and the Defendant stored and possessed child and juvenile pornography on 14 occasions from the above date to May 2, 2015, including that a woman’s child or juvenile pornography was stored and possessed on the Defendant’s computer hard disc in which the face of inserting a sexual organ into the mouth of a woman’s child or juvenile obscenity appeared, and that a man who appears to be an adult, stored and possessed the child or juvenile obscenity on 14 occasions in total, as shown in the list of crimes in the attached Table.

Accordingly, the defendant possessed a child or juvenile pornography in a total of 14 times, knowing that he/she is a child or juvenile pornography.

2. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or exhibit child or juvenile pornography;

Nevertheless, on February 22, 2015, from around 12:18 to June 17, 2015, the Defendant had access to the above Defendant’s residence, and to the P2P website, and had 14 child and juvenile pornography under the above paragraph (1) shared with unspecified persons to download them.

Accordingly, the Defendant distributed and provided child or juvenile pornography.

3. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network;

Nevertheless, at around March 3, 2015, the Defendant had access to the P2P website in the residence of the above Defendant, and had both men and women exposed to the sexual organ.

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